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New Process Steel – The Supreme Court Sends The NLRB Back To The Drawing Board

Client Alert | 1 min read | 06.17.10

The Supreme Court invalidated today almost 600 decisions issued by the two members of the National Labor Relations Board (NLRB) who served for a 27-month period beginning in December, 2007. The Court, in a 5-4 opinion, ruled that the two member panel did not constitute a "quorum" authorized to decide cases under Section 3(b) of the National Labor Relations Act. Section 3(b) is the statutory provision that sets forth the familiar three member panel quorum provisions used by the NLRB in deciding cases. The majority opinion was authored by Justice Stevens, and joined by Chief Justice Roberts, and Associate Justices Scalia, Thomas and Alito. Justice Kennedy, joined by Justices Ginsburg, Breyer and Sotomayer, dissented, agreeing with the government's proposed reading of the statutory provision.

The practical effect of New Process Steel will be significant. The NLRB now has four members, as a result of two recess appointments made by President Obama in March of this year. Those appointments, which include Craig Becker, a former lawyer for the SEIU and the AFL-CIO, are widely expected to change the ideological make-up of the NLRB. The almost 600 decisions vacated by the Court's decision in New Process Steel are now fair game for reconsideration by the new Democratic-controlled majority of the NLRB.

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Client Alert | 3 min read | 04.30.24

Appliance Standards: Steep Increase in Department of Energy Enforcement Cases Puts Appliance Manufacturers and Importers at Financial Risk

The DOE in 2023 significantly increased its enforcement activity against manufactures and importers alleged to have violated EPCA’s energy and water conservation standards and related certification requirements, based on available public information. As we previously flagged, the substantial rise in enforcement activity comes as the Biden Administration increasingly focuses on EPCA as a means of achieving environmental policy objectives, including reducing carbon emissions. The Department has continued its enforcement efforts in 2024 and early data from this year sheds light on the Department’s enforcement priorities....