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NLRB Ratifies All Administrative Actions in Wake of Noel Canning Decision

Gerald Lutkus

Gerald F. Lutkus

Of Counsel (Retired)

The NLRB announced today that on July 18, 2014, it unanimously ratified all administrative, personnel and procurement matters taken by the Board from January 4, 2012, to August 5, 2013. That covers the time period when the Board did not have a lawful quorum per the United States Supreme Court decision in NLRB v. Noel Canning. This decision covers only actions such as the appointment of certain Regional Directors, Administrative Law Judges and restructurings of regional and headquarters offices. Note that the Board’s action does not deal with those decision rendered by the Board during that time period when the Board did not have a quorum. The Board has indicated that it will have to revisit roughly 100 cases from the period between January 2012 and August 2013. In addition, on July 30, 2014, following the Board’s authorization, the Regional Directors whose appointments were unanimously affirmed and ratified by the Board on July 18, also took steps to ratify not only all actions taken by them or on their behalf from the dates of their initial appointments and July 18, 2014, but they, unlike the full Board, also ratified all actions taken by them in representation cases and unfair labor practice cases. A copy of the Board’s minutes is available here.


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