Wyatt Employment Law Report


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NLRB Further Responds to Supreme Court’s New Process Steel Decision

By Edwin S. Hopson

After the June 17, 2010, Supreme Court decision in New Process Steel v. NLRB in which the court invalidated Board decisions issued while there were only two Board Members serving during the period January 1, 2008 to April 5, 2010, the Board announced it would begin reviewing about 100 two-Member Board cases in order to correct the defect found by the court.  Both the Supreme Court’s majority and dissenting justices made mention of the fact that the Board had also delegated certain of its authority to the Board’s General Counsel, who acted upon that delegation during the 27 month two-Member Board period.  According to the NLRB’s  July 8, 2010, press release, the December 2007 delegation had provided “the General Counsel full and final authority on behalf of the Board to initiate and prosecute injunction proceedings under Section 10(j), or Section 10(e) and (f) of the National Labor Relations Act, contempt proceedings pertaining to the enforcement of or compliance with any order of the Board, and any other court litigation that would otherwise require Board authorization; and to institute and conduct appeals to the Supreme Court by writ of error or on petition for certiorari.”

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