In the wake of the Supreme Court’s decision in Noel Canning earlier today, NLRB Chair Mark Gaston Pearce issued the following statement:
“The Supreme Court has today decided the Noel Canning case. We are analyzing the impact that the Court’s decision has on Board cases in which the January 2012 recess appointees participated. Today, the National Labor Relations Board has a full contingent of five Senate-confirmed members who are prepared to fulfill our responsibility to enforce the National Labor Relations Act. The Agency is committed to resolving any cases affected by today’s decision as expeditiously as possible.”
Our analysis is that approximately 331 decisions of the NLRB were issued by the Board when the improperly appointed members were in place.