NLRB Has Cleared Up Cases after Supreme Court’s Invalidation of 2012 Recess Appointments
Monday, June 29, 2015

In Noel Canning v. NLRB, the United States Supreme Court concluded that President Barack Obama’s three recess appointments to the National Labor Relations Board in January 2012 (Sharon Block, Richard Griffin, and Terence Flynn) were invalid.  As a result, hundreds of Board decisions were invalidated. Now, Politico reports that an NLRB spokesperson said that there are no more cases invalidated by Noel Canning left for the Board to decide.

Not all of the original decisions resulted in issuance of a new decision. According to the Board’s website, some of the invalidated cases were closed, meaning that “the original Board decision resulted in some action that concluded the proceeding, such as settlement, withdrawal of charges, or full compliance.”

As predicted here, the Board reaffirmed almost all of the remanded decisions.

 

 

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