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NEW PROCESS STEEL v. NLRB

Docket No.: 08-1457
Certiorari Granted: Nov 2 2009
Argued: March 23, 2010
Decided: June 17, 2010

Topics:

NLRA, National Labor Relations Act

PartyNames: New Process Steel, L.P. v. National Labor Relations Board
Petitioner: New Process Steel, L.P.
Respondent: National Labor Relations Board

Court Below: United States Court of Appeals for the Seventh Circuit
Citation: 564 F.3d 840

New Process Steel, L.P.
v.
National Labor Relations Board
Question Presented:

Does the National Labor Relations Board have authority to decide cases with only two sitting members, where 29 U.S.C. ยง 153(b) provides that "three members of the Board shall, at all times, constitute a quorum of the Board"?

Question:

Does the NLRB have the authority to decide cases with only two sitting members, when 29 U.S.C. § 153(b) provides that "three members of the Board shall, at all times, constitute a quorum of the Board?"

Note:

Order of 4/16/2010THE PARTIES ARE DIRECTED TO FILE SUPPLEMENTAL BRIEFS ADDRESSING THE FOLLOWING QUESTION: WHAT SHOULD BE THE EFFECT, IF ANY, OF THE DEVELOPMENTS DISCUSSED IN THE LETTER SUBMITTED BY THE SOLICITOR GENERAL ON MARCH 29, 2010, ON THE PROPER DISPOSITION OF THIS CASE? EXPEDITED BRIEFING.

NEW PROCESS STEEL v. NLRB
ORAL ARGUMENT

March 23, 2010

Holding: reversed and remanded
Vote: 5-4
Opinion By:

NEW PROCESS STEEL v. NLRB
Case Documents

1NEW PROCESS STEEL v. NLRB Oral Argument Transcript (HTML)
2Opinion in NEW PROCESS STEEL v. NLRB
3NEW PROCESS STEEL v. NLRB Oral Argument Transcript (HTML)
4NEW PROCESS STEEL v. NLRB Oral Argument Transcript (PDF)
Additional documents for this case are pending review.