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. 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. 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.