Wednesday, August 6, 2014

NLRB Ratifies Board Actions Taken During Period of Invalidly Appointed Board Members

On July 18, 2014, the National Labor Relations Board ratified all Board actions taken during the period of invalidly appointed Board members. On June 26, 2014 the Supreme Court held in Noel v. Canning that President Obama invalidly appointed NLRB board members. The invalidly appointed members served on the Board between January 4, 2012 and August 5, 2013. After the Supreme Court's ruling, all Board actions came under scrutiny because the Board lacked a quorum. The Board has now ratified all actions taken during that period.

Specifically, the Board stated all administrative, personnel, and procurement matters were timely and appropriate. The Board expressly authorized the selection of Regional Directors Dennis Walsh, Margaret Diaz, and Mori Rubin. The Board ratified the selection of Administrative Law Judges Kenneth Chu, Christine Dibble, Melissa Olivero, Susan Flynn, and Donna Dawson. The Board also authorized the restructuring of various Field Offices, and the restructuring of Headquarters' Offices. This ratification is to remove all doubt about the validity of the Board's actions taken during the period of invalidly appointed Board members.