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NEW PROCESS STEEL, L.P. v. N.L.R.B.

No. 08-1457.

130 S.Ct. 2635 (2010)

560 U.S. 674

NEW PROCESS STEEL, L.P., Petitioner, v. NATIONAL LABOR RELATIONS BOARD.

Supreme Court of United States.

Decided June 17, 2010.

Attorney(s) appearing for the Case

Sheldon E. Richie, Austin, TX, for Petitioner.

Neal K. Katyal, Washington, DC, for Respondent.

Mark E. Solomons, Laura Metcoff Klaus, Greenberg Traurig, LLP, Washington, DC, Sheldon E. Richie, Richie & Gueringer, P.C., Austin, Joseph W. Ambash, Justin F. Keith, Greenberg Traurig, LLP, Boston, MA, for Petitioner.

Ronald Meisburg, General Counsel, John E. Higgins, Jr., Deputy General Counsel, John H. Ferguson, Associate General Counsel, Linda Dreeben, Deputy Associate General Counsel, David Habenstreit, Assistant General Counsel, Ruth E. Burdick, Attorney, National Labor Relations Board, Washington, DC, Elena Kagan, Solicitor General, Neal Kumar Katyal, Deputy Solicitor General, Sarah E. Harrington, Assistant to the Solicitor General Department of Justice, Washington, DC, for Respondent.

Justice STEVENS delivered the opinion of the Court.

The Taft-Hartley Act, enacted in 1947, increased the size of the National Labor Relations Board (Board) from three members to five. See 29 U.S.C. § 153(a). Concurrent with that change, the Taft-Hartley Act amended § 3(b) of the National Labor Relations Act (NLRA) to increase the quorum requirement for the Board from two members to three, and to allow the Board to delegate its authority to groups of at least...

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