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

In New Process Steel, L.P. v. National Labor Relations Board, 560 U.S. 674, 130 S. Ct. 2635, 177 L. Ed. 2d 162 (2010), the National Labor Relations Board ("NLRB") had four members and one vacancy, but anticipated two additional vacancies in the near future. Id. at 2638. The National Labor Relations Act ("NLRA") required three NLRB members for a quorum, but permitted two members of any delegee group to constitute a quorum of the group. Id. The four existing members "decided to take action in an effort to preserve the Board's authority to function." Id. They named three of the sitting members "a three-member group," delegating "all of the Board's powers" to that group. Id. After the term of one of those members expired, the two remaining members acted as a quorum of the delegee group, deciding almost 600 cases on behalf of the NLRB. Id. at 2639. The United States Supreme Court held that the NLRA required a delegee group to maintain a membership of three persons in order to exercise authority delegated by the NLRB. "Interpreting the statute to require the NLRB's powers to be vested at all times in a group of at least three members is consonant with the NLRB quorum requirement, which requires three participating members 'at all times' for the NLRB to act." Id. at 2640.