Professor John Sanchez’s article “Two’s Company, But is It a Quorum,” has been published in Florida International University’s (FIU) Law Review Spring 2010 Symposium Issue: “Whither the Board? The National Labor Relations Board (NLRB) at 75” Volume 5, No.2. The article addresses the legal issues arising from the fact that for two years, the National Labor Relations Board operated with only two Board members.
Lower courts disagreed over whether there must be two or three sitting members of the Board before it could conduct business. Even though the Supreme Court resolved this split in New Process Steel v. NLRB, by holding that the NLRB needed three members, questions remained regarding the legal status of those decisions rendered by the two-member Board.
Sanchez teaches Constitutional Law II, Remedies and Employment Law