Tuesday, August 5, 2014

NLRB Ratifies Actions of Noel Canning-Era Board

Remember when the Supreme Court held that President Obama's "recess appointments" to the NLRB were actually not recess appointments and therefore unconstitutional (i.e. Noel Canning)? Well, now the NLRB has some cleaning up to do.

Yesterday, the NLRB issued a press release explaining that it has ratified a number of actions from the time period in which the board was comprised of unconstitutional appointees.

The ratified actions include the NLRB's appointment of a few Regional Directors. Those Regional Directors then "ratified all actions taken by them or on their behalf from the dates of their initial appointments and July 18, 2014. These ratifications include all personnel and administrative decisions, all actions in representation case matters, and all actions in unfair labor practice cases."

Sounds like an easy fix for the personnel actions. However, many of the Board's case decisions from that time period remain up in the air.

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