Business Q&A: Quorum issue casts doubt on NLRB rulings

Adam Childers, a labor and employment attorney with Crowe & Dunlevy, discusses the rulings that may be in limbo.
by Paula Burkes Published: March 8, 2013
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Q: How should employers proceed regarding NLRB rules?

A: The NLRB's chairman issued a statement disagreeing with the court's decision and announcing that the NLRB will continue to conduct its business as usual, which means that unless and until the Supreme Court weighs in and settles the issue of whether or not the NLRB has the authority to interpret and implement the National Labor Relations Act, employers must proceed as if all of the decisions still stand.

Q: When do you expect the Supreme Court to make a decision on this?

A: It is unclear at this point, but all indications are that it will be sooner rather than later. The five-member NLRB board is down to one member who was confirmed by the Senate. Two other members' appointments have been deemed invalid by the D.C. Circuit. The other two members resigned in July and December. So, the quorum issue is not going away soon, and the Supreme Court will probably have to intervene.

PAULA BURKES, BUSINESS WRITER


by Paula Burkes
Reporter
A 1981 journalism graduate of Oklahoma State University, Paula Burkes has more than 30 years experience writing and editing award-winning material for newspapers and healthcare, educational and telecommunications institutions in Tulsa, Oklahoma...
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