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Supreme Court Says Two-Member NLRB Had No Authority to Issue Decisions

A divided Supreme Court ruled Thursday that the National Labor Relations Board had no authority to issue decisions during a two year period when it operated with only two of its five members.

From January 2008 through March 2010, the NLRB issued more than 600 decisions with only two members because of unfilled vacancies on the board. On March 27, President Obama used his power of recess appointment to name two new board members.

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Mary Swanton

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