New Process Steel, L.P. v. NLRB, 2010 U.S. LEXIS 4973 (June 17, 2010)

LexisNexis Overview: Where the NLRB delegated all of its powers to a three-member group before the NLRB was left with only two members due to expired appointments, remand was warranted because the delegation clause of 29 U.S.C.S. § 153(b) required that a delegee group maintain a membership of three in order to exercise the delegated authority of the NLRB.

Counsel: Sheldon E. Richie argued the cause for petitioner.

Neal K. Katyal  argued the cause for respondent.

Judges: Stevens, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Thomas, and Alito, JJ., joined. Kennedy, J., filed a dissenting opinion, in which Ginsburg, Breyer, and Sotomayor, JJ., joined.

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