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D.C. Circuit Denies Enforcement Of NLRB Order For Lack Of Quorum

Published by on May 4, 2009

The WSJ Blog has a post today here on a ruling by the D.C. Circuit last Friday refusing to enforce a decision by the NLRB on the ground that the two-member Board did not constitute a “quorum” and therefore lacked legal authority to act.  Although nominees by the Obama administration are pending, the ruling throws […]

The WSJ Blog has a post today here on a ruling by the D.C. Circuit last Friday refusing to enforce a decision by the NLRB on the ground that the two-member Board did not constitute a “quorum” and therefore lacked legal authority to act.  Although nominees by the Obama administration are pending, the ruling throws a host of rulings by the Board over the last 16 months (“hundreds”) into question. 

Despite ruling that the NLRB lacked authority to issue its ruling, the case was not a complete victory for the employer — the D.C. Circuit remanded the case in question to the NLRB for consideration once a quorum was present.

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