The NLRB's Laurel Baye Petition

As we posted last week, the NLRB was planning on petitioning the D.C. Circuit for rehearing and rehearing en ban of Laurel Baye.  They have now done so--click the link to Download the NLRB's petition.

The legal arguments are what the Board's been arguing all along, as you would expect.  The argument for a rehearing stresses the circuit split, as well as the importance of keeping the decisions issued by the two-member Board and allowing future two-member Board (sadly, always a possibility) to continue the agency's work.  What will be interesting is how the Board will handle the cert petition in New Process Steel, as those same arguments could support granting cert in that case.

-JH