Monday, May 31, 2010
This may be a bit of old news. In case readers are not aware, on April 7, 2010 Members Becker and Pearce were sworn in. The 2 Member NLRB decided a total of 595 cases.The issue of whether two Members of the Board had the authority to decide those cases is pending before the Supreme Court and is clearly not moot because it could effect the result in each of those cases. Additionally, the issue is clearly capable of repeating.
It remains to be seen what will happen with the Republican nominee as Becker and Pearce are recess appointments. It also remains to be seen how many cases they can decide (and undoubtably overrule) during their recess appointment.
Mitchell H. Rubinstein
Hat Tip: Workplace Prof Blog