The NLRB Does It Again!

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GThe National Labor Relations Board (NLRB) recently ratified all the decisions made by the NLRB, including those made in administrative and personnel matters, during the period of time when it did not have a proper quorum. This was the period from January 4, 2012 to August 5, 2013, during which the United States Supreme Court held in NLRB v. Noel Canning, that the NLRB did not have a proper quorum due to improper recess appointments. The NLRB ratified its prior actions in an attempt to eliminate any questions concerning the validity of the decisions it made during this period. Will the ratification be sufficient? It is possible that a challenge could be made on the ground that any decisions made during the time that the NLRB lacked a quorum should be subject to a full de novo review.


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