Sunday, May 31, 2009
Workplace Prof Blog has done an excellent job following the issue of whether or not the NLRB has the authority to issue two member decisions. As readers to this blog know, there is a conflict in the circuits with respect to this issue. On May 28, 2009, they reported that:
As it said it would do, the NLRB recently issued two, two-member decisions (dated May 21) following the D.C. Circuit's holding in Laurel Baye that such decisions were invalid. The cases are Regional Emergency Medical Services and Iron Workers, Local 378
On May 27, 2009, Workplace Prof Blog reported on a cert petition being filed by the employer which stems from a 7th Circuit case:
The first cert petition coming out of the recent circuit split over the validity of two-member NLRB decisions has arrived. In New Process Steel, the Seventh Circuit held that the two-members decisions were valid which, along with an earlier First Circuit decision), created a split with the D.C. Circuit. So, the employer in New Process petitioned the Supreme Court to hear the case (Download Cert petition).
On May 28, 2009 Workplace Prof Blog reported that the NLRB was seeking a rehearing in the Laurel Baye case:
In more developments on the two-member NLRB issue, the Board announced today that it will petition the D.C. Circuit for rehearing and rehearing en banc in Laurel Baye. According the Board's press release: