Supreme Court: National Labor Relations Board Lacked Authority to Issue Decisions With Only Two Members

The U.S. Supreme Court recently ruled in New Process Steel, L.P. v. NLRB that the National Labor Relations Board (NLRB) cannot issue decisions with only two Members. The decision potentially invalidates approximately 600 NLRB decisions issued over a two-year period. Employers who received an adverse decision from the two-Member Board may wish to evaluate their options carefully in the context of their overall labor relations strategy.