Last week, the National Labor Relations Board circled back to a decision that was invalidated by the Supreme Court’s blockbuster Noel Canning decision. As the reader may recall, Noel Canning determined that President Obama’s recess appointments to the National Labor Relations Board did not pass Constitutional muster. Accordingly, the decisions issued by the improperly-constituted Board were wiped out and have to be reissued.
The Board decided the case at issue in March of 2013, ruling that a potato chip maker had violated the National Labor Relations Act by unilaterally changing its employees’ health benefits. The current Board reaffirmed the recess-appointed Board’s ruling in a very short decision:
“In view of the decision of the Supreme Court in NLRB v. Noel Canning … we have considered de novo the judge’s decision and the record in light of the exceptions and briefs. We have also considered the now-vacated decision and order, and we agree with the rationale,” the board said.
It remains to be seen whether the current Board will continue to “rubber stamp” the recess-appointed Board’s decisions. We here at @LRToday will be watching this process closely, so stay tuned.