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The Validity of the Two-Member NLRB

34 Pages Posted: 29 Jan 2010  

Kelli Kleisinger

Northern Kentucky University - Salmon P. Chase College of Law

Richard A. Bales

Ohio Northern University - Pettit College of Law

Date Written: January 27, 2010

Abstract

The National Labor Relations Act is supposed to consist of five members. The terms of three members have expired and those members have not been replaced. The two remaining members have continued to issue decisions, notwithstanding statutory language requiring that the Board have, β€œat all times,” a quorum of three.

One federal circuit has held that the hundreds of decisions since issued by the two-member Board are invalid. Five circuits have ruled that the decisions are valid. The Supreme Court has granted certiorari. We believe that the Court should – and will – hold that the two-member Board decisions are contrary to the express language of the statute.

Keywords: NLRB, labor, board

Suggested Citation

Kleisinger, Kelli and Bales, Richard A., The Validity of the Two-Member NLRB (January 27, 2010). Seton Hall Circuit Review, Forthcoming. Available at SSRN: https://ssrn.com/abstract=1543353

Kelli Kleisinger

Northern Kentucky University - Salmon P. Chase College of Law ( email )

Nunn Hall
Highland Heights, KY 41099
United States

Richard A. Bales (Contact Author)

Ohio Northern University - Pettit College of Law ( email )

525 South Main Street
Ada, OH 45810
United States
419-772-2205 (Phone)

HOME PAGE: http://law.onu.edu/node/3073

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