NLRB to Reconsider 96 Cases Due to High Court Ruling

NLRB Seal The National Labor Relations Board says it will reconsider 96 cases following the U.S. Supreme Court’s recent decision in New Process Steel v. NLRB that a two-member Board was not authorized to decide cases during a 27-month period.

At the time of the June 17 Supreme Court decision, 96 of the two-member decisions were pending on appeal before the federal courts – six at the Supreme Court and 90 in various Courts of Appeals. The Board is seeking to have each of these cases remanded to the Board for further consideration. Each of the remanded cases will be considered by a three-member panel of the Board. It is unclear at this time how many of the two-member Board rulings not already challenged in the federal appellate courts can or will be contested and how many may now be moot, the NLRB says.