On May 1, 2009, the Seventh Circuit and the D.C. Circuit issued decisions interpreting Section 3(b) of the National Labor Relations Act. In New Process Steel, LP v. NLRB, the Seventh Circuit interpreted Section 3(b) as allowing the National Labor Relations Board to issue decisions through a two-member panel. However, the D.C. Circuit declared the same two-member panel unlawful in Laurel Baye Healthcare of Lake Lanier, Inc. v. NLRB. The Supreme Court will now resolve the issue, having granted certiorari to New Process Steel. This Note argues that Section 3(b)'s plain language and legislative history fail to provide a satisfying answer to the question. Accordingly, this Note demonstrates how Chevron analysis can provide a legal framework that both embraces Section 3(b)'s ambiguity and provides a satisfying outcome.
Tyler T. Murphy,
The Seventh Circuit Giveth, and the District of Columbia Circuit Taketh Away: The National Labor Relations Board's Authority to Act Under Section 3(b) of the National Labor Relations Act,
Seventh Circuit Rev.
Available at: http://scholarship.kentlaw.iit.edu/seventhcircuitreview/vol5/iss1/7