[3] According to Section 3(b) of the Act, as amended by Taft-Hartley, The Board is authorized to delegate to any group of three or more members any or all of the powers which it may itself exercise.

[6] On December 16, 2007, Chairman Robert J. Battista's term expired and member Wilma Liebman took over as chairwoman for the remaining four-person Board.

That same day, the General Counsel issued an unfair labor practice complaint against employer New Process Steel in their dispute with the International Association of Machinists and Aerospace Workers.

Between January 2008 and June 2010, according to then-Solicitor General Elena Kagan, the two-member Board of Liebman and Schaumber issued nearly 600 decisions.New Process Steel, L.P. v. NLRB, 560 U.S. 674, 678 (2010).

The NLRB lacked the authority to issue official rulings with only two members, regardless if a majority of the Board had delegated its power to a smaller group.