Snell Island SNF LLC v. National Labor Relations Board

JOSÉ A. CABRANES, Circuit Judge:

We consider two questions arising from a labor dispute adjudicated before a panel of the National Labor Relations Board (“NLRB” or the “Board”): (1) whether an adjudication by a two-member panel of the NLRB is permitted under Section 3(b) of the National Labor Relations Act, 29 U.S.C. § 151 et seq. (the “Act”), where a third member of the panel was disqualified because his term had expired and the total membership of the NLRB was only two members; and (2) whether it was an “abuse of discretion” for a regional director of the NLRB to overrule an employer’s…