While maintaining that “all the administrative, personnel and procurement matters taken by the Board [from January 4, 2012 to August 5, 2013] were timely and appropriate,” the National Labor Relations Board nevertheless has announced, “in an abundance of caution,” that it has unanimously ratified all administrative, personnel, and procurement matters taken by the Board during that period.
The Board’s action comes as a result of the Supreme Court’s decision in NLRB v. Noel Canning, in which the Court held the three Board Members (Richard Griffin, Sharon Block and Terence Flynn) recess-appointed by President Barack Obama on January 4, 2012, were not validly appointed. On August 5, 2013, the Board regained a quorum with the Senate confirmations and appointments of Nancy Schiffer, Philip Miscimarra, Harry Johnson, and Kent Hirozawa.
According to the August 4, 2014, announcement, from January 4, 2012 to August 5, 2013, the Board took a number of actions, including the appointment of various Regional Directors, Administrative Law Judges, and restructurings of regional and headquarters offices. By virtue of its ratification, the Board believes it has“remove[d] any question concerning the validity of actions undertaken during that period.”
The Board stated that it has “expressly authorized” the following actions:
- The selection of Dennis Walsh as Regional Director for Region 4 (Philadelphia);
- The selection of Margaret Diaz as Regional Director for Region 12 (Tampa);
- The selection of Mori Rubin as Regional Director for Region 31 (Los Angeles);
- The selection of Kenneth Chu, Christine Dibble, Melissa Olivero, Susan Flynn, and Donna Dawson as Administrative Law Judges;
- The restructuring of various Field Offices; and
- The restructuring of Headquarters’ Offices.
The Board also noted that, on July 30, 2014, following the Board’s authorization, Regional Directors Walsh, Diaz, and Rubin ratified all actions taken by them or on their behalf from the dates of their initial appointments to July 18, 2014. These ratifications include all personnel and administrative decisions, all actions in representation case matters, and all actions in unfair labor practice cases.