Attempt to Fix Noel Canning Issues: NLRB Ratifies Decisions Made Without Quorum – Including Appointment of Regional Director in Los Angeles

Topics: Union-Management Relations

Late last month, the NLRB in two separate steps, on July 18 and July 30, decided to ratify all administrative, personnel and procurement matters handled by the Board from January 4, through August 5, 2013 and all actions taken by the Regional Directors selected during this time period, including the Regional Director of Region 31 (Los Angeles).  This is the period during which the United States Supreme Court held, in NLRB v. Noel Canning, that the NLRB did not have a proper quorum due to improper recess appointments.  The NLRB believes that these acts of ratification eliminate any questions concerning the validity of actions undertaken during this period by the Board or by Region 31 (and the other regions where RDs were selected by a Board with less than a quorum).  It remains to be seen whether anyone will attempt to challenge this ratification in the courts by arguing that any decisions made during the time period need to be given a de novo review and that ratification is simply not sufficient.