The Supreme Court Nov. 2 announced that it will consider whether only two members of the National Labor Relations Board (NLRB) can legally resolve labor-management disputes in the workplace. The NLRB handles cases related to unfair labor practices and disputes over union representation.
In 2007, Congress refused to confirm President George W. Bush’s nominees for three vacant positions on the NLRB, forcing the board to operate with only two members beginning Jan. 1, 2008. The two-member board has handed down more than 400 decisions in the past 16 months.
At least 60 challenges to the two-member rulings have been filed, but federal appeals courts cannot agree on whether the decisions are legal. The U.S. Court of Appeals for the D.C. Circuit has decided the rulings are illegal while several other courts including the U.S. Court of Appeals for the 7th Circuit in Chicago have taken the opposing position.
In the case New Process Steel v. NLRB, the Supreme Court has agreed to resolve the conflict among the circuit courts. The Court will likely issue its decision in the first half of 2010. Meanwhile, President Obama has nominated three new members to fill the NLRB’s vacancies, but they have not yet been confirmed by the United States Senate.
ABC members that are interested in learning more about what to expect from the Obama administration’s NLRB can hear Board Chairman Wilma B. Liebman speak during the 2009 Attorneys Conference to be held Dec. 2-4 at the Fairmont Hotel in Washington, D.C. In addition, attendees will learn about and discuss the NLRB’s impact on the merit shop.
For more information about the Attorneys Conference, click here.