Big Ridge, Inc. v. National Labor Relations Board

FLAUM, Circuit Judge.

In 2012, the National Labor Relations Board (“the Board”) found that Big Ridge, Inc. violated the National Labor Relations Act, 29 U.S.C. § 158 (“the Act”). Big Ridge threatened employees with mine closure and job loss based on their support of the union and discharged employee Wade Waller because of his union support. Big Ridge petitioned this Court for review, and the appeal turned on the Board’s authority to issue its order. We vacated the Board’s order, finding that the Board lacked a quorum because three of the Board’s five members were improperly appointed under the…