Two Person NLRB Legally Insufficient?

Repost from the Adjunct Law Prof Blog on important developing litigation in labor relations:

Authority of 2 Member NLRB To Issue Decisions Is Being
Litigated

Last
January, the Board lost several Members and has been operating with a two person
Board, instead of the normal 5. The authority of the Board to act with only 2
Members is being challenged in several cases. One such case pending in the D.C.
Circuit is Laurel Baye v. NLRB and the NLRB’s brief is available
here. The Board summarized its position in its brief as follows:

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