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Perspective

Sep. 16, 2010

Big Changes Anticipated at the NLRB

The National Labor Relations Board's new Democratic majority will likely result in more pro-union decisions, by Alan R. Berkowitz and Arthur F. Silbergeld of Bingham McCutchen.

By Alan R. Berkowitz and Arthur F. Silbergeld

On June 17, 2010, the U.S. Supreme Court ruled that fewer than three members of the five member National Labor Relations Board did not have authority to decide cases. New Process Steel L.P. v. N.L.R.B., No. 08-1457. Between January 2008 and March 2010, the NLRB issued over 600 decisions with only two members, Chair Wilma B. Liebman, a Clinton appointee, and Peter C. Schaumber, a Bush appointee. As a con...

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