California Labor &
Employment Law Blog
Aug 4, 2014

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.

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For over 25 years, CDF has distinguished itself as one of the top employment, labor and immigration firms in California, representing employers in single-plaintiff and class action lawsuits and advising employers on related legal compliance and risk avoidance. We cover the state, with five locations from Sacramento to San Diego.

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About the Editor

Mark S. Spring is the Sacramento Office Managing Partner and Chair of CDF’s Traditional Labor Law Practice Group. He has been practicing labor and employment law in California for thirty years and was recently named “Sacramento Lawyer of the Year” in Employment Law-Management for 2021 by Best Lawyers®. Spring’s practice is focused on the representation of California employers in union-management relations and handling federal and state court litigation and administrative matters triggered by all types of employment-related disputes. He is also adept at providing creative and practical legal advice to help minimize the risks inherent in employing workers in California. Spring is licensed to practice in California as well as by the District Court of Hawaii, where he successfully tried a high profile same-sex sexual harassment case. Spring is also Chair of CDF’s Webinar Committee where he manages the firm’s monthly educational webinar series that the firm provides to clients and contacts.
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