New Process Steel, LP v. NLRB

Decision Date23 March 2010
Docket NumberNo. 08-1457.,08-1457.
Citation130 S.Ct. 2635
PartiesNEW PROCESS STEEL, L.P., Petitioner, v. NATIONAL LABOR RELATIONS BOARD.
CourtU.S. Supreme Court

OPINION TEXT STARTS HERE

COPYRIGHT MATERIAL OMITTED.

Sheldon E. Richie, Austin, TX, for Petitioner.

Neal K. Katyal, Washington, DC, for Respondent.

Mark E. Solomons, Laura Metcoff Klaus, Greenberg Traurig, LLP, Washington, DC, Sheldon E. Richie, Richie & Gueringer, P.C., Austin, Joseph W. Ambash, Justin F. Keith, Greenberg Traurig, LLP, Boston, MA, for Petitioner.

Ronald Meisburg, General Counsel, John E. Higgins, Jr., Deputy General Counsel, John H. Ferguson, Associate General Counsel, Linda Dreeben, Deputy Associate General Counsel, David Habenstreit, Assistant General Counsel, Ruth E. Burdick, Attorney, National Labor Relations Board, Washington, DC, Elena Kagan, Solicitor General, Neal Kumar Katyal, Deputy Solicitor General, Sarah E. Harrington, Assistant to the Solicitor General

Department of Justice, Washington, DC, for Respondent.

Justice STEVENS delivered the opinion of the Court.

The Taft-Hartley Act, enacted in 1947, increased the size of the National Labor Relations Board (Board) from three members to five. See 29 U.S.C.

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    ...issues, this does not affect the court's jurisdiction to address these issues. See, e.g. , New Process Steel, L.P. v. NLRB , 560 U.S. 674, 679–83, 130 S.Ct. 2635, 177 L.Ed.2d 162 (2010) (deciding the statutory issue without reference to the Chevron framework). Therefore, "[w]ith Chevron ina......
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    • United States
    • Mondaq United States
    • February 12, 2013
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4 books & journal articles
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    • United States
    • Capital University Law Review No. 41-1, January 2013
    • December 1, 2013
    ...27, 2010), http://www.whitehouse.gov/the-press-office/president-obama-announces-recess-appointments-key-administration-positions. 17 130 S. Ct. 2635 (2010). 18 Id. at 2644. 19 See Steven Greenhouse, Labor Board Case Against Boeing Points to Fights to Come , N.Y. TIMES, Apr. 23, 2011, at B1.......
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    ...rules, and arguing that it is preferable to create temporary Fourth Amendment rules to govern evolving technologies). (97) Quon, 130 S. Ct. at 2635 (Scalia, J., concurring in part and concurring in the judgment) (citation (98) 555 U.S. 135 (2009). (99) See supra notes 51-53 and accompanying......
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    • Connecticut Bar Association Connecticut Bar Journal No. 85, December 2011
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