We previously wrote about a case where an administrative law judge (ALJ) refused to rely on Alan Ritchey, a case invalidated by the Supreme Court’s decision in NLRB v. Noel Canning. [See, “ALJ Refuses to Follow Case Invalidated by Noel Canning”]. Alan Ritchey addressed whether a newly-elected union was entitled to notice and an opportunity…

Although many controversial cases were decided by the radical pro-union NLRB between the end of 2011 and mid-2013, what follows are some of the more notable decisions that are likely no longer the law – until, at least, the current Board has the opportunity to make them law again. In Re Piedmont Gardens held that…

By now, you have probably heard that the United States Supreme Court invalided President Obama’s recess appointments to the National Labor Relations Board because they were unconstitutionally made at a time when Congress was not in recess. You also probably know that the NLRB has to review the hundreds of cases unlawfully rendered as a…