Court: 2-Person Labor Board Can't Make Decisions

[Freddie Stubbs]

Source: Associated Press

More than 500 decisions by the leading federal agency that referees disputes between labor and management will have to be reopened after the Supreme Court ruled Thursday that the five-member board had operated illegally when its membership dwindled to two.

The high court, in a 5-4 ruling in which the court's leading liberal — retiring Justice John Paul Stevens — sided with the court's four most conservative members, said the law does not allow the National Labor Relations Board to operate while it is short-staffed because of political arguments.

"If Congress had intended to authorize two members alone to act for the Board on an ongoing basis, it could have said so in straightforward language," Stevens said. "Congress instead imposed the requirement that the Board delegate authority to no fewer than three members, and that it have three participating members to constitute a quorum."

Allowing two members to run the agency because Congress and the White House can't agree on new members would be letting the board "create a tail that would not only wag the dog, but would continue to wag after the dog has died," Stevens said.

Read more: http://abcnews.go.com/Business/wireStory?id=10940761

[Captain Hilts]

1. Same for FLRB, which has been under-staffed for years to keep it from doing anything. nt

[baldguy]

2. This is what recess appointments are for.

[pattmarty]

3. The problem is you shouldn't have to use recess appts for important.......

..........jobs in ANY administration. I can see if you don't agree with a persons ideology, but instead of these "anonymous holds" just vote no. This is a ridiculous thing that has been going on really bad since Clinton. How many "important" posts are STILL unfilled in the Obama admin because of this bullshit?

[Omaha Steve]

4. I was illegally fired on June 20, 1980

My case wasn't settled until Feb. of 1984 in the St. Louis US Court of Appeals. Because of the W delay NLRB law administration, a case like mine now runs over 10 years. All these cases will have to be heard again. So some workers are out 15 years of pay and benefits from this.

The only penalty the employer risks is back pay for the most part. And anything the victim makes while the case proceeds is deducted from a final settlement. But the company keeps out the union. High pay for the lawyers is well worth the savings to the company overall.

OS