As we previously reported on our blog, on June 17, the United States Supreme Court, in New Process Steel v. NLRB, held that the National Labor Relations Board did not have the authority to render decisions from January 2008 to March 2010 when there were only two members sitting on the board. This ruling voided nearly 600 cases decided during the twenty-seven month period.
In response to the Supreme Court’s ruling, the NLRB is seeking to have the cases remanded to them for further consideration. According to the NLRB in a press release issued today, “[e]ach of the remanded cases will be considered by a three-member panel of the Board which will include Chairman [Wilma] Liebman and Board Member [Peter] Schaumber. Consistent with Board practice, the two other Board members not on the panel will have the opportunity to participate in the case if they so desire.”
With the confirmation of Brian Hayes on June 22, the board reached its full five members. The NLRB had not had full membership since December 2007 and, for over twenty-seven months up until this April, it operated with only two members.