WASHINGTON — Decisions made during the past year by the leading federal agency that referees labor-management disputes fell under a legal cloud Friday with conflicting federal appeals-court rulings.
In rulings rendered virtually simultaneously, the U.S. Court of Appeals in Washington held that a decision handed down last year by the National Labor Relations Board is invalid because it was made by just two members, while a federal appellate court in Chicago took the opposite position.
The NLRB has a relatively innocuous name. But in truth, the agency has historically gotten caught in the middle of the tug of war that accompanies change in the Washington power curve. Republican administrations typically favor appointing pro-business people; Democrats are inclined to name pro-labor individuals.
When at full strength, the NLRB has five members. But it has operated with only two members for more than a year because Democrats who retook control of Congress in 2006 refused to confirm former President George W. Bush’s nominees.
With the appeals court decisions at odds, the Supreme Court is more likely to weigh in on appeal.
