560 U.S. 674 (2010)
New Process Steel v. NLRB is a cornerstone administrative law case addressing how multi-member agencies must adhere to statutory quorum and delegation requirements.
Whether, under NLRA § 3(b), the National Labor Relations Board may lawfully exercise the Board's powers when only two members remain, on the theory that the two constitute a quorum of a previously designated three‑member delegee group after the Board's overall membership has fallen below three.
Under NLRA § 3(b), 29 U.S.C. § 153(b), the Board may delegate "any or all" of its powers to a group of three members, and two members may constitute a quorum of that three-member group. However, "three members of the Board shall, at all times, constitute a quorum of the Board," and the delegee group must maintain its membership at three for the two-member quorum provision to apply. The Board cannot exercise its adjudicatory authority with only two sitting members, and Chevron deference does not permit a contrary interpretation where the statute unambiguously requires at least three members.
No. The NLRB may not exercise its authority with only two members. Section 3(b) requires that the Board maintain at least three sitting members and that any delegee group consist of three members; the two-member quorum provision applies only when a valid three-member group exists. The Seventh Circuit's judgment was reversed and the case remanded.
New Process Steel is a leading case on statutory quorum and delegation limits for multi-member agencies. It exemplifies Chevron step-one textualism: when Congress has spoken clearly, courts will not defer to agency interpretations that expand their own authority. For labor law, the decision invalidated or required reconsideration of roughly 600 two-member NLRB decisions and underscored the institutional fragility of the Board during political stalemates. For administrative law more broadly, it teaches that structural provisions—quorum rules, delegation mechanics, and vacancy clauses—are not mere formalities but enforceable constraints that preserve deliberation, legitimacy, and accountability.