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===2007–2014: Lack of quorum and legal challenges===
===2007–2014: Lack of quorum and legal challenges===
From December 2007 to mid-July 2013, the agency never had all five members, and not once did it operate with three confirmed members, creating a legal controversy.<ref>Landler, Mark and Greenhouse, Steven. [https://www.nytimes.com/2013/07/16/us/politics/vacancies-and-partisan-fighting-put-labor-relations-agency-in-legal-limbo.html "Vacancies and Partisan Fighting Put Labor Relations Agency in Legal Limbo"] {{Webarchive|url=https://web.archive.org/web/20170521072717/http://www.nytimes.com/2013/07/16/us/politics/vacancies-and-partisan-fighting-put-labor-relations-agency-in-legal-limbo.html|date=2017-05-21}}, ''New York Times'', July 15, 2013; accessed July 16, 2013.</ref> Three members' terms expired in December 2007, leaving the NLRB with just two members—Chairman [[Wilma B. Liebman]] and Member Peter Schaumber.<ref name="Hananel">Hananel, Sam. [http://www.boston.com/news/nation/washington/articles/2009/09/07/on_labor_day_us_labor_board_remains_in_gridlock "On Labor Day, Labor Board Still in Gridlock"] {{Webarchive|url=https://web.archive.org/web/20090911101756/http://www.boston.com/news/nation/washington/articles/2009/09/07/on_labor_day_us_labor_board_remains_in_gridlock/ |date=2009-09-11 }}, ''Boston Globe'', September 7, 2009.</ref> President [[George W. Bush]] refused to make some nominations to the board and Senate Democrats refused to confirm those which he did make.<ref name="Hananel"/><ref name="Hananel2">Hananel, Sam. "Justice Asks High Court to OK Labor Board Rulings", ''Associated Press'', September 29, 2009.</ref><ref name="Greenhouse">[https://www.nytimes.com/2010/01/15/us/politics/15nlrb.html Greenhouse, Steven. "Labor Panel Is Stalled by Dispute on Nominee"] {{Webarchive|url=https://web.archive.org/web/20170318175920/http://www.nytimes.com/2010/01/15/us/politics/15nlrb.html |date=2017-03-18 }}, ''The New York Times.'' January 14, 2010.</ref>
From December 2007 to mid-July 2013, the agency never had all five members, and not once did it operate with three confirmed members, creating a legal controversy.<ref>Landler, Mark and Greenhouse, Steven. [https://www.nytimes.com/2013/07/16/us/politics/vacancies-and-partisan-fighting-put-labor-relations-agency-in-legal-limbo.html "Vacancies and Partisan Fighting Put Labor Relations Agency in Legal Limbo"] {{Webarchive|url=https://web.archive.org/web/20170521072717/http://www.nytimes.com/2013/07/16/us/politics/vacancies-and-partisan-fighting-put-labor-relations-agency-in-legal-limbo.html|date=2017-05-21}}, ''New York Times'', July 15, 2013; accessed July 16, 2013.</ref> Three members' terms expired in December 2007, leaving the NLRB with just two members—Chairman [[Wilma B. Liebman]] and Member Peter Schaumber.<ref name="Hananel">Hananel, Sam. [http://www.boston.com/news/nation/washington/articles/2009/09/07/on_labor_day_us_labor_board_remains_in_gridlock "On Labor Day, Labor Board Still in Gridlock"] {{Webarchive|url=https://web.archive.org/web/20090911101756/http://www.boston.com/news/nation/washington/articles/2009/09/07/on_labor_day_us_labor_board_remains_in_gridlock/ |date=2009-09-11 }}, ''Boston Globe'', September 7, 2009.</ref> President George W. Bush refused to make some nominations to the board and Senate Democrats refused to confirm those which he did make.<ref name="Hananel"/><ref name="Hananel2">Hananel, Sam. "Justice Asks High Court to OK Labor Board Rulings", ''Associated Press'', September 29, 2009.</ref><ref name="Greenhouse">[https://www.nytimes.com/2010/01/15/us/politics/15nlrb.html Greenhouse, Steven. "Labor Panel Is Stalled by Dispute on Nominee"] {{Webarchive|url=https://web.archive.org/web/20170318175920/http://www.nytimes.com/2010/01/15/us/politics/15nlrb.html |date=2017-03-18 }}, ''The New York Times.'' January 14, 2010.</ref>


On December 28, 2007, just before the board lost its quorum, the four members agreed to delegate their authority to a three-person panel per the [[National Labor Relations Act]].<ref name="Greenhouse"/><ref name="CCHLabor">[http://hr.cch.com/news/employment/011008a.asp "NLRB Temporarily Delegates Litigation Authority to General Counsel"] {{Webarchive|url=https://web.archive.org/web/20110708125844/http://hr.cch.com/news/employment/011008a.asp |date=2011-07-08 }}, ''CCH/Aspen Labor & Employment Law.'' January 10, 2008.</ref> Only Liebman and Schaumber remained on the board, but the board concluded that the two constituted a [[quorum]] of the three-person panel and thus could make decisions on behalf of the board.<ref name="Greenhouse"/><ref name="CCHLabor"/> Liebman and Schaumber informally agreed to decide only those cases which were in their view noncontroversial and on which they could agree, and issued almost 400 decisions between January 2008 and September 2009.<ref name="Hananel"/><ref name="Hananel2"/><ref name="Greenhouse"/><ref name="InsideCounsel">"Court Invalidates Two-Member NLRB Decision", ''Inside Counsel'', July 2009.</ref>{{full citation needed|date=January 2016}}<ref name="Pickler">Pickler, Nedra. "NLRB Decisions Cause Conflicting Court Opinions." ''Associated Press'', May 1, 2009.</ref>
On December 28, 2007, just before the board lost its quorum, the four members agreed to delegate their authority to a three-person panel per the [[National Labor Relations Act]].<ref name="Greenhouse"/><ref name="CCHLabor">[http://hr.cch.com/news/employment/011008a.asp "NLRB Temporarily Delegates Litigation Authority to General Counsel"] {{Webarchive|url=https://web.archive.org/web/20110708125844/http://hr.cch.com/news/employment/011008a.asp |date=2011-07-08 }}, ''CCH/Aspen Labor & Employment Law.'' January 10, 2008.</ref> Only Liebman and Schaumber remained on the board, but the board concluded that the two constituted a [[quorum]] of the three-person panel and thus could make decisions on behalf of the board.<ref name="Greenhouse"/><ref name="CCHLabor"/> Liebman and Schaumber informally agreed to decide only those cases which were in their view noncontroversial and on which they could agree, and issued almost 400 decisions between January 2008 and September 2009.<ref name="Hananel"/><ref name="Hananel2"/><ref name="Greenhouse"/><ref name="InsideCounsel">"Court Invalidates Two-Member NLRB Decision", ''Inside Counsel'', July 2009.</ref>{{full citation needed|date=January 2016}}<ref name="Pickler">Pickler, Nedra. "NLRB Decisions Cause Conflicting Court Opinions." ''Associated Press'', May 1, 2009.</ref>
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