ALJs Inconsistency in Following Cases Invalidated by Noel Canning Makes Life Difficult for Employers

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…
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What is No Longer the Law after Noel Canning Invalidated Obama’s Recess Appointments to the NLRB

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…
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Long Term Consequences of the Noel Canning Decision

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…
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Supreme Court Rules That President Obama’s NLRB Recess Appointments Were Invalid

The United States Supreme Court unanimously ruled on June 26, 2014 that President Obama’s three recess appointments to the National Labor Relations Board (NLRB) were unconstitutional and therefore, invalid. The Court’s ruling likely means that hundreds of cases the NLRB decided in 2012 and 2013, while the recess appointees were seated, are now invalid. Many…
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Obama’s Appointments to the NLRB Were Unconstitutional, Now What?

  As appearing in the Human Resources of Central Ohio (HRACO) monthly newsletter    Obama’s NLRB Recess Appointments were Unconstitutional, Now What? In order for the five-Member National Labor Relations Board to operate, there must be a quorum of at least three Board Members at all times. Less than three Board Members and any action…
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