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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