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NLRB Ratifies All Actions Nullified by NLRB v. Noel Canning Decision


Recently, the United States Supreme Court ruled on National Labor Relations Board v. Noel Canning (NLRB v. Noel Canning - Supreme Court Ruling blog).  In that blog, I had noted that the Supreme Court held that President Obama's three appointments to the NLRB while he deemed Congress to be in "recess" were not proper and therefore all decisions that the Board made during that time frame were not valid.  

The question then became, what would happen to all those rulings that the Board had made?  I speculated that a majority would be upheld, save for some smaller, unpublished decisions.  Well, lo and behold, the NLRB did just that and announced that it would ratify all administrative, personnel, and procurement matters taken by the Board from January 4, 2012 to August 5, 2013.  In doing so, the Board removed any questions in regard to questions concerning the validity of actions taken during this period.  This was really nothing more than cleaning things up and reinforcing what was done...but it was something that needed to be done nonetheless.


A link to the press release from the NLRB can be found here:  http://www.nlrb.gov/news-outreach/news-story/nlrb-officials-ratify-agency-actions-taken-during-period-when-supreme-court

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