Ronald Meisburg - National Labor Relation Board's - Is this why Ronald Meisburg Resigned?

National Labor Relation Board's Press release 6/17/10

"" Supreme Court rules two-member NLRB lacked authority to issue decisions The U.S. Supreme Court today ruled that the National Labor Relations Board was not authorized to issue decisions during a 27-month period when three of its five seats were vacant.

The 5-4 decision authored by Justice Stevens concluded, “We are not insensitive to the
Board’s understandable desire to keep its doors open despite vacancies. Nor are we
unaware of the costs that delay imposes on the litigants.

If Congress wishes to allow the Board to decide cases with only two members, it can easily do so.

But until it does, Congress’ decision to require that the Board’s full power be delegated to no fewer than three members, and to provide for a Board quorum of three, must be given practical
effect rather than be swept aside in the face of admittedly difficult circumstances.”

In writing the dissent, however, Justice Kennedy said, “the objectives of the statute,
which must be to ensure orderly operations when the Board is not at full strength as well
as efficient operations when it is, are better respected by a statutory interpretation that
dictates a result opposite to the one reached by the Court.”

The Board operated with two members from January 2008 to late March 2010, when
President Obama recess-appointed two additional members.

In continuing to issue decisions during that period, the two remaining members—current Chairman Wilma B. Liebman, a Democrat, and Member Peter C. Schaumber, a Republican—relied on Section 3(b) of the National Labor Relations Act as well as an opinion issued by the U.S.

Department of Justice’s Office of Legal Counsel, which concluded that “if the Board
delegated all of its powers to a group of three members, that group could continue to
issue decisions and orders as long as a quorum of two members remained.”

The Board made such a delegation in December 2007 to a group of three members, which included Liebman and Schaumber, who, acting under that delegation, issued about 600 decisions.""

Source
http://www.nlrb.gov/shared_files/Press%20Releases/2010/R-2752.pdf

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