As an update to my earlier post, the U.S. Supreme Court has recently agreed to consider whether the National Labor Relations Board, which was designed to have five members but has operated with just two members for the past 22 months, has the legal authority to issue two-member rulings in unfair labor practice and representation cases (New Process Steel LP v. NLRB, U.S., No. 08-1457, cert. granted 11/2/09).

We will continue to update you on this case as it progresses.