Summary
The Second Circuit denied the National Labor Relations Board’s petition to enforce an order against Talmadge Park. Applying the Supreme Court’s decision in New Process Steel, L.P. v. National Labor Relations Board, the court held that the Board lacked authority to issue the order when only two members constituted the delegated three-member group.
Topics
Practice areas
Questions Presented
- Whether the National Labor Relations Board had authority to issue its May 27, 2009 order when only two Board members remained in office and only two members of a previously designated three-member delegate group were serving.
Holdings
- The Board, as constituted when it issued the order, lacked authority to issue it because two members could not constitute a quorum of the three-member delegate group under the Supreme Court's controlling decision in New Process Steel.
Key quotations
“Recognizing that, on this point, Snell Island yields to New Process Steel, we conclude that the Board as constituted did not have the authority to issue the May 27, 2009 order against Talmadge Park.” (at 2)
Factual background
The National Labor Relations Board issued an order against Talmadge Park on May 27, 2009. At that time, only two of the Board's five seats were filled. Although the Board had previously delegated its authority to a three-member group, the third member of that group had vacated his seat before the order issued.
Procedural history
The Board issued its order on May 27, 2009, when only two of its five seats were filled. Talmadge Park opposed enforcement, and the Board petitioned the Second Circuit to enforce the order. While the petition was pending, the Supreme Court decided New Process Steel, which displaced the Second Circuit's prior quorum ruling in Snell Island.