The National Labor Relations Board has disbanded!

That headline will be reality if this bill, currently pending in the U.S. House of Representatives, passes. More on its chances of success *** cough — none — cough *** here at the Washington DC Employment Law Update.

But while rumors of the Board’s demise may be premature, the number of Board members is expected to drop by 1 — from 3 to 2 — once Member Craig Becker‘s recess appointment ends when the Senate adjourns at the end of this year. Why is that significant? Because, last year, the U.S. Supreme Court ruled in New Process Steel, L.P. v. NLRB that the Board may not issue decisions with just two members. So, expect the flurry of Board decisions to continue through the end of the year, and gridlock thereafter.


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