Since the U.S. Supreme Court held that three recess appointments made to the National Labor Relations Board in January 2012 were invalid, there’s been some shuffling and paper work over there. In a recent webinar, NLRB general counsel Richard Griffin discussed with participants how the board plans to react and manage post-Noel Canning, according to Michael Lotito in this recent post.
Griffin explained that there were 98 cases involving the poorly appointed appointees. Of those, 43 had “no record,” so the board could deal with those directly and set aside the orders and filed motions to dismiss. Fifty-five had records, so the board asked the court to vacate and remand the matter in 49 of them, and the final six cases have yet to be dealt with.
As for any challenges that involved the former member Craig Becker, Lotito says that 34 of those cases are still pending and being held in abeyance. His office has filed motions asking that they be taken out of suspension, he reports. “Overall, Griffin said that the Board is ‘still working’ to address the impact Noel Canning has had on the case backlog,” said Lotito, who noted that the cases not being appealed won’t have precedential value but should be considered persuasive.