New Process Steel v. NLRB
Issues
Whether the National Labor Relations Board may decide cases with only two sitting members.
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.
Questions as Framed for the Court by the Parties
Does the National Labor Relations Board have authority to decide cases with only two sitting members, where 29 U.S.C. §153(b) provides that “three members of the Board shall, at all times, constitute a quorum of the Board”?
New Process Steel operates steel processing facilities in the United States and Mexico. See New Process Steel, L.P. v. N.L.R.B., 564 F.3d 840, 842 (7th Cir.