Sunday, March 28, 2010
I bring Expert Electric, 355 NLRB No. 12 (Feb. 18, 2010), because the employer sought to revoke an investigative subpoena by raising a host of procedural arguments based upon the fact that the NLRB is currently composed of two Members. Readers will recall that this issue is pending before the Supreme Court.
This case is a bit unusual because it deals with the Boards investigatory powers and one Member of the NLRB does have the authority to issue a subpoena. However, as this case was decided by two Members, if the Supremes ultimately invalidate the authority of the Board to issue two Member decisions then the subpoena is effectively not enforceable because this decision would not be enforceable.
Mitchell H. Rubinstein