The new Supreme Court term starts October 7---and one of the key cases will be “National Labor Relations Board v. Noel Canning”—a case about the President’s power to name appointees temporarily to government posts when the Senate is in recess.
And Saturday, September 14 on C-SPAN Radio’s historic Supreme Court oral argument: A case cited in briefs for “NLRB v. Canning”: From 2010: “New Process Steel, petitioner v. National Labor Relations Board, respondent.”
In 2008, the union representing employees at a New Process Steel plant in Butler, Indiana failed to reach an agreement over a new contract with the company. The union subsequently filed unfair labor practices claims with the National Labor Relations Board arguing that New Process Steel failed to honor its collective bargaining agreement to deal with the union as the exclusive representative of employees of the plant. A two-member panel of the NLRB agreed with the union. On appeal, New Process Steel argued that the NLRB's decision was invalid because a provision of the NLRB act requires that three members of the five member national labor relations board shall "at all times" constitute a quorum. The U.S. Court of Appeals for the Seventh Circuit disagreed and affirmed the judgment of the board. The case eventually was accepted by the U.S. Supreme Court.
The audio and information are courtesy of the Oyez project at IIT Chicago-Kent College of Law at: http://www.oyez.org.