NLRB Officials Ratify Agency Action Taken During Period When Supreme Court Held Board Members Not Appropriately Appointed

 
Tuesday, August 5, 2014
 
On July 18, 2014, the National Labor Relations Board unanimously ratified all administrative, personnel, and procurement matters taken by the Board from January 4, 2012 to August 5, 2013.  The Supreme Court held in NLRB v. Noel Canning that the Board Members appointed on January 4, 2012 were not validly appointed.  The Board regained a quorum on August 5, 2013.  From January 4, 2012 to August 5, 2013, the Board acted on various matters including the appointment of various Regional Directors, Administrative Law Judges, and restructurings of regional and headquarters offices.  The Board has now ratified these actions to remove any question concerning the validity of actions undertaken during that period.

In addition, the Board has expressly authorized the selection of a number of Regional Directors and Administrative Law Judges as well as a restructuring of a number of Field Offices and Headquarters' Offices.

On July 30, 2014, following the Board’s authorization, Regional Directors Walsh, Diaz, and Rubin ratified all actions taken by them or on their behalf from the dates of their initial appointments and July 18, 2014.  These ratifications include all personnel and administrative decisions, all actions in representation case matters, and all actions in unfair labor practice cases. 
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