The NLRB was created in 1935 to enforce the National Labor Relations Act, which reinforced the rights of employees to bargain collectively. The primary duties of the board over the years have been to ensure workers’ desires to form unions, and to prevent and remedy unfair labor practices, whether committed by labor organizations or businesses. But with the arrival of President Ronald Reagan in the 1981, the NLRB ceased to be a diehard friend of labor, as Reagan’s appointees to the board brought about a decidedly pro-business shift. Similar complaints about the board’s anti-labor orientation arose during the administration of George W. Bush.

 

In a case brought by New Process Steel, the Supreme Court ruled on Thursday that the NLRB was not allowed to make decisions with less than a three-member quorum. “If Congress wishes to allow the Board to decide cases with only two members, it can easily do so,” wrote Justice John Paul Stevens for the 5-4 majority. “But until it does, Congress’ decision to require that the Board’s full power be delegated to no fewer than three members, and to provide for a Board quorum of three, must be given practical effect rather than swept aside in the face of admittedly difficult circumstances. Section 3(b), as it currently exists, does not authorize the Board to create a tail that would not only wag the dog, but would continue to wag after the dog died.”

-Noel Brinkerhoff, David Wallechinsky

 

2-Member Labor Board Can't Make Decisions (by Annie Youderian, Courthouse News Service)

New Process Steel v. National Labor Relations Board (U.S. Supreme Court) (pdf)