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Appeals Courts Call Validity of 300 NLRB Decisions into Question

By Kevin Fayle on May 01, 2009 | Last updated on March 21, 2019
Two United States Courts of Appeals issued two wildly different opinions concerning decisions made by the National Labor Review Board today.  The DC Circuit ruled that the roughly 300 decisions handed down by the NLRB in 2008 while the Board only had two active members were invalid because the Board did not have the statutorily required quorum.

The 7th Circuit, on the other hand, completely disagreed, and upheld a challenge to an NLRB decision over arguments similar to the one relied upon by the DC Circuit.
The NLRB is supposed to have five members, but three seats are currently vacant.  Then-President Bush nominated members to fill the seats, but the Democrats in control of Congress refused to confirm them because of disagreements with the Bush Administration's labor policies.

The split between the Circuits makes it likely that the Supreme Court will examine the issue.  Until then, the subjects of last years NLRB cases will just have to wait in limbo.

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