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National Labor Relations Act

New Process Steel v. NLRB (08-1457)

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Appealed from the United States Court of Appeals for the Seventh Circuit (May 1, 2009)

Oral argument: Mar. 23, 2010

NATIONAL LABOR RELATIONS ACT, NLRB, QUORUM, UNION, COLLECTIVE BARGAINING

Under 29 U.S.C. §153(b), the “[National Labor Relations] Board is authorized to delegate to any group of three or more members any or all of the powers which it may itself exercise. . . . A vacancy in the Board shall not impair the right of the remaining members to exercise all of the powers of the Board, and three members of the Board shall, at all times, constitute a quorum of the Board, except that two members shall constitute a quorum of any group designated pursuant to [delegation].” New Process Steel argues that the National Labor Relations Board (“NLRB”) is prohibited by statute from deciding issues when it acts with only two sitting members on a five-member Board. The NLRB contends that it has the authority to issue decisions, even with only two current members on a five-member Board. The NLRB claims that its previous delegation of authority to a three-member Board allows the Board to continue operating with a two-member quorum. This case will decide how to interpret the 29 U.S.C. §153(b), and whether the current two-member quorum meets the minimum statutory requirement. This case will also affect how the Board handles pending or future cases when there are vacancies on the Board.

Unfair Labor Practices (ULPs)

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Unfair Labor Practices: an overview


Under the National Labor Relations Act ("NLRA"), there are three broad categories of Unfair Labor Practices ("ULPs").  The three categories of ULPs consist of those under Section 8 of the NLRA.  Section 8(a) lists the ULPs of employers, Section 8(b) lists the ULPs of labor organizations, and 8(c) lists the ULPs that are the result of combined activity of employers and labor organizations.

National Labor Relations Act (NLRA)

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National Labor Relations Act: an overview

The focus of the traditional law of unions, which makes up the major part of the area of law known as labor law, is on workers collectively and their rights as a group. This may be distinguished from employment law which focuses more on issues relating to the rights of individual employees. The body of law of which labor law is comprised is notable for the primacy of the National Labor Relations Act (NLRA). The NLRA is codified at 29 U.S.C. §§ 151-169 and purports to serve the national interest of the United States regarding labor relations within the country. As may be noted during periods of widespread strikes, uneasy relations in this sphere can very quickly and severely have an adverse effect on the entire country. Clear policy regarding labor and management encourages the best interests of the United States which is to maintain full economic production.  Industrial peace is essential to a functioning economy. The NLRA seeks to limit industrial strife among employers, employees, and labor organizations which could hinder full production in the United States economy. 

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