A press release issued yesterday by the National Labor Relations Board (NLRB) announced its unanimous ratification of all agency actions taken during the period when the Supreme Court held that its members were not validly appointed.
Us nerds care because in late June, the Supreme Court held that the NLRB members appointed on January 4, 2012, were not validly appointed. NLRB v. Noel Canning. Thus leaving the NLRB with no quorum from January 4, 2012 through August 5, 2013.
This decision had many #EmpLaw brains running wild. During the time period in question, the NRLB issued many controversial pro-employee decisions. Would these decisions be reviewed, overturned, affirmed? Most thought there would at least be an administrative headache to plow through.
We were all wrong.
Turns out in a single meeting the current NLRB (which has a valid quorum) ratified all actions taken by the invalid NLRB: all decisions from January 4, 2012 to August 5, 2013. These actions included personnel and administrative decisions, representation case matters, and unfair labor practice cases.
While the NLRB claims this ratification removes any question concerning the validity of actions taken during that period, we are not yet convinced.
Some questions remain: Will this blanket ratification be challenged? Is it legal to "ratify" something with no real consideration of it?
Let me know what you think on Twitter @kaileegoold using #NLRB.
The meeting minutes can be viewed here.