NLRB Chair Mark Gaston Pearce testified before a Senate subcommittee on May 14 and said the Board was on track to clear the last 16 of 103 cases on its docket that were affected by the U.S. Supreme Court decision in Noel Canning, which held that the “recess” appointments of Richard Griffin Jr. and Sharon Block were unconstitutional. That may be good news to some, but still percolating through the system are Board cases and decisions by administrative law judges that have been affected by the invalidity of those decisions from the Noel Canning period. For example, ALJs of the Board in several cases have found that the decision in Alan Ritchey (finding a duty to bargain over disciplinary matters before an employer and the union enter into an initial collective bargaining agreement) was not binding precedent because it was issued by an invalid Board panel. Similarly, just beating the stated June 26 date, a panel of the current Board “reversed” a decision by an invalid panel in Fresenius USA Mfg., Inc. Who is going to make restitution to the economy and to employers, employees, unions, and the Board itself for these duplicative and wasteful proceedings? Apparently, it seems, no one.