Recently, the NLRB faced a setback after the DC Circuit issued a stay on Judge Howell's reinstatement of Gwynne A. Wilcox, leaving it with only two members. This decision reversed the NLRB's previously restored quorum, limiting its operational capabilities. The split ruling in the DC Circuit reflects the partisan tensions surrounding labor relations and may lead to a Supreme Court review of the matter, particularly in light of established precedents such as the 1935 case Humphrey's Executor v. United States that influence removal power dynamics.
The NLRB is again left with only two members, impacting its ability to issue decisions, following a stay granted by the DC Circuit on Wilcox's reinstatement.
The partisan split within the DC Circuit highlights ongoing tensions regarding the NLRB's composition and power, potentially setting the stage for a Supreme Court review.
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