Two-Member NLRB Did Not Have Authority to Issue Decisions.

The United States Supreme Court ruled on June 17, 2010, in New Process Steel L.P. v. NLRB, that as of December 31, 2007, when there were no longer three members of the NLRB, the NLRB lacked authority to act as a Board.  In ruling as it did, the Court stated that it “was not insensitive to the Board’s understandable desire to keep its doors open despite vacancies,” but nonetheless ruled that “[i]f Congress wishes to allow the Board to decide cases with only two members, it can easily do so.”