WASHINGTON Aug 4 The U.S. National Labor
Relations Board said on Monday it had unanimously ratified
numerous administrative and personnel actions it took when it
lacked a constitutionally valid quorum.
The U.S. Supreme Court ruled in its June decision in the
case NLRB v. Noel Canning that recess appointments made by
President Barack Obama to the NLRB's five-member board were
invalid. That decision called into question case decisions and
official actions made by the labor law agency during a period in
which it lacked the needed quorum of three members.
Action on case decisions still lies ahead, but the board
said in a news release it had separately ratified personnel
moves and other administrative decisions it took during the same
The ratifications concerned installations of regional
directors, administrative law judges and other personnel that
occurred from Jan. 4, 2012 to Aug. 5, 2013, when the board did
not have the necessary quorum of three members, it said.
"The Board has now ratified these actions to remove any
question concerning the validity of actions undertaken during
that period," the statement said.
"This is not a surprising action by the board," Proskauer
Rose attorney Ronald Meisburg said in a separate statement.
"It remains to be seen, however, whether it will in fact
resolve all the issues. I suspect a number of parties will
continue to litigate and test whether the board's ratification
is effective," Meisburg, a former NLRB general counsel, added.
The NLRB also announced on Monday that it has authorized new
regional directors in Philadelphia, Tampa and Los Angeles, and
selected five new administrative law judges.
(Reporting by Amanda Becker; Editing by Kevin Drawbaugh and Tom