For the National Labor Relations Board, next year could be, as Yogi Berra put it, deja vu all over again.
Just last year, the U.S. Supreme Court ruled in New Process Steel v. NLRB that the normally five-member board, which is responsible for enforcing federal labor laws, acted without authority when it handed down nearly 600 decisions with only two active members.
Today the NLRB has four members. But if members of the Senate, angered over recent NLRB actions, block President Barack Obama’s attempts to fill those vacancies, the board could again drop to two members, rendering it unable to issue decisions.
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