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Federal Court Upholds Validity of Two-Member NLRB Quorum


March 24, 2009

The National Labor Relations Board currently seats two of a possible five board members.  Due to recent designations by President Obama, board membership will soon increase.  However, the enforceability of decisions rendered in recent years by the diminished board was unknown.  A recent federal court decision addressed precisely that issue.  In examining a board decision made by a two-member quorum of a three-member board panel, the court ruled that such decisions are enforceable.  The First Circuit, the federal court of appeals based in Boston, held that the Board properly exercised its power under the National Labor Relations Act in issuing decisions during the time of below capacity board membership.

The opinion, issued on March 13, 2009, is found here.

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