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Monday, November 02, 2009

Ind. Courts - Two 7th Circuit opinions pending before the SCOTUS

One was before The Court today,Jones v. Harris Associates. See this WSJ Law Blog entry headed "On Tap at the Supreme Court: Posner v. Easterbrook."

The second was just granted cert today, New Process Steel v. NLRB. USA Today's story is headed "High court to decide if two-person Labor Board legal" and begins:

WASHINGTON (AP) — The Supreme Court said Monday it will decide whether two people can do the work of five when it comes to resolving labor-management disputes in the workplace.

The National Labor Relations Board, which for decades has had the responsibility to police many of these disputes, has operated with only two members — and three vacancies — for more than a year. The reason for this is that Democrats who retook control of Congress in 2006 objected to President George W. Bush's labor policies, and thus refused to confirm his nominees.

But the two NLRB members still in place have continued to issue decisions, making about 400 in the last 16 months.

The U.S. Courts of Appeal have split on whether decisions made by only two members of the board are legal. The U.S. Court of Appeals in the District of Columbia said an NLRB decision handed down last year was invalid because it was made by just two members while the 7th U.S. Circuit Court of Appeals in Chicago took the opposite position.

It ruled that a vote by the two members was appropriate and binding.

Posted by Marcia Oddi on November 2, 2009 01:22 PM
Posted to Ind. (7th Cir.) Decisions