After operating for 27 months with only two members, Chairwoman Wilma Liebman (D) and Peter Schaumber (R), the National Labor Relations Board returned to its full five-member complement for the first time since December 2007 following the additions of Craig Becker (D), Mark Pearce (D) and Brian Hayes (R) last year. Mr. Schaumber’s term expired in August 2010, leaving the board currently with four members, but the Senate’s confirmation of President Barack Obama’s nominee Terence Flynn (R) would return the board to full strength.
Much of the board’s recent effort has been dedicated to reconsidering decisions of the two-member board that were invalidated by the U.S. Supreme Court’s decision in New Process Steel v. NLRB, 130 S.Ct. 2635 (June 30, 2010), which held the board did not have authority to act when it lacked a quorum of at least three members. As a result of New Process Steel, the board has had to re-decide more than 100 cases returned from federal appellate courts. At the same time, the board has issued a number of decisions on controversial issues, entered into a headline-grabbing settlement with respect to an employer’s online posting policies, and is now reconsidering important precedents relating to the successor bar and voluntary recognition bar rules.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
