by Michael Fox
The NLRB has been working with only two members (out of five) for over a year now. The two members (one Democrat and one Republican) have only issued decisions when they could agree, which for the most part means the outcome was not particularly controversial.
Today, in Northeastern Land Services, Ltd. v. NLRB (1st Cir. 3/13/09) held that the two member Board had the power to act. The Court based its decision in part on Chevron deference to the Board's view of its powers and also agreed with a 1982 decision of the 9th Circuit.
The case pending in the DC Circuit is Laurel Baye v. NLRB.