National Labor Relations Board Chairman Wilma B. Liebman has issued a statement in response to today’s Supreme Court ruling in New Process Steel v. NLRB that the Board lacked authority to act with only two members, as it did for more than two years.
“When the Board went to two members in January 2008, Member [Peter C.] Schaumber and I made a difficult decision in difficult circumstances,” said Chairman Liebman. “In proceeding to issue decisions in nearly 600 cases where we were able to reach agreement, we brought finality to labor disputes and remedies to individuals whose rights under our statute may have been violated. We believed that our position was legally correct and that it served the public interest in preventing a Board shut-down. We are of course disappointed with the outcome, but we will now do our best to rectify the situation in accordance with the Supreme Court’s decision.”