this is because of a june 2010 united states supreme court opinion called new process steel versus nhlb. in new process steel, they appealed and the 7th circuit court of appeals. the primary issue resolved by the court was whether or not the nlrb could issue an administrative decision with two members resolving the case. the statue contemplates a full compliment of five board members. one of who is the chairman. section 3-b of the act permits the board to relegate its authority to a panel of three members. when the administrative decision was made in new process steel entered, two were in place, the chairman and one member. the supreme court said in order for it to issue a viable decision, at least three individuals must compose the board itself. it is official action taken by an nlrb composed of two or fewer individuals is ultraverous and cannot be enforced. the court rendered this decision despite the fact that the two-person board resolved almost 600 cases and fully appreciating the board's argument that it had the desire to keep its doors open. the court concluded that the statute d