NLRB Ratifies Administrative Actions Taken during Invalid Recess Appointment Period

On the heels of the U.S. Supreme Court’s June ruling in N.L.R.B. v. Noel Canning, et al., which invalidated President Obama’s 2012 recess appointments to the National Labor Relations Board (NLRB), the NLRB recently ratified a number of actions taken while it was unconstitutionally constituted (from January 4, 2012, until August 5, 2013). In a press release, the NLRB defended these administrative, personnel, and procurement actions as “timely and appropriate,” but ratified them to “remove any question” concerning their validity.

This move is not unexpected, as the current NLRB has not disagreed with the views expressed by the NLRB with its improperly appointed members. The Board said that it was acting out of “an abundance of caution” and “in an effort to bring an end to ongoing litigation regarding the actions of the Board and its personnel between January 4, 2012 and August 5, 2013.” It remains to be seen, however, whether this action will quash any of the challenges that have been brought to the NLRB’s actions taken during this period.

Significantly, this action does not affect the more than 100 decisions issued by the NLRB that were invalidated by Noel Canning. The NLRB has not announced a timetable for action on any of these cases.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ballard Spahr LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.