NLRB’s First Ruling After having Quorum: RDs Can Rule on RC Cases

NLRB’s First Ruling After having Quorum: RDs Can Rule on RC Cases

NLRB Regional Directors now have the authority to certify union election results and make rulings in representation cases even when the Board lacks a quorum., according to the newly reactivated board’s first published decision.

Regional Directors may exercise delegated authority when the Board falls below the three-member minimum required for full functionality. This ruling comes shortly after the board regained its quorum on January 7. The Board also issued a series of unpublished rulings addressing routine matters in other cases.

Satellite Healthcare, along with other companies like SeaWorld’s Discovery Cove and Recreational Equipment Inc., had appealed, arguing that Regional Directors should not have delegated power when the Board is offline. Satellite Healthcare can contest the NLRB’s decision in federal appeals court, which could potentially overturn a recent election victory by an SEIU affiliate and limit the agency’s actions in future quorum-related situations.

Hat tip Bloomberg Law!