By a 5-4 vote, the justices overturned a ruling by a U.S. appeals court in Chicago that a decision by just two board members was legally valid.
The justices agreed to resolve the issue after conflicting lower-court decisions. A U.S. appeals court in Washington had ruled the National Labor Relations Act required a three-member quorum at all times.
The board had operated for more than two years with just two members, making decisions in more than 600 cases. The board delegated its authority to a smaller group in late 2007 when it became obvious it would lack the required three-member quorum.
Thursday, June 17, 2010
U.S. court: 2-member labor board can't decide cases
Reuters reports: