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.

Photo of Howard M. Bloom Howard M. Bloom

Howard M. Bloom is a Principal in the Boston, Massachusetts, office of Jackson Lewis P.C. He has practiced labor and employment law representing exclusively employers for more than 36 years.

Mr. Bloom counsels clients in a variety of industries on labor law issues. He trains and advises executives, managers and supervisors on union awareness and positive employee relations, and assists employers in connection with union card-signing efforts, traditional union representation and corporate campaigns, and union decertification campaigns. He also represents clients at the National Labor Relations Board in connection with bargaining unit issues, objections and challenges, as well as unfair labor practice investigations and trials. Mr. Bloom also has been the spokesperson at countless first and successor contract collective bargaining negotiations, and regularly advises on collective bargaining agreement administration issues, including grievance/arbitration issues.

Mr. Bloom has appeared before the Massachusetts Supreme Judicial Court, the U.S. Court of Appeals for the District of Columbia, several U.S. District Courts, the National Labor Relations Board, the Massachusetts Labor Relations Commission, the Equal Employment Opportunity Commission and the Massachusetts Commission Against Discrimination.

Mr. Bloom speaks frequently to employer groups on a wide range of labor and employment law topics. He also has written extensively on labor and employment law for a variety of publications, including New England Business magazine, The Boston Globe and the Boston Business Journal. He also is editor of and a frequent contributor to the Jackson Lewis Labor & Collective Bargaining Blog.

While attending law school, he was the Executive Editor of The Advocate: the Suffolk University Law School Journal and President of the Student Bar Association.

Mr. Bloom is a diehard baseball fan. His first book, The Baseball Uncyclopedia: A Highly Opinionated Myth-Busting Guide to the Great American Game, was published in February 2006.

Photo of Philip B. Rosen Philip B. Rosen

Philip B. Rosen is a Principal in the New York City office of Jackson Lewis P.C. and a member of the Firm’s Management Committee. Mr. Rosen also leads the firm’s Labor Practice Group. He joined the Firm in 1979 and served as Managing Partner of the New York City office from 1989 to 2009.

Mr. Rosen lectures extensively, conducts management training, and advises clients with respect to legislative and regulatory initiatives, corporate strategies, business ethics, social media, reorganizations and reductions-in-force, purchase/sale transactions, sexual harassment and other workplace conduct rules, compliance with the Americans With Disabilities Act, wrongful discharge and other workplace litigation, corporate campaigns and union organizing matters, collective bargaining, arbitration and National Labor Relations Board proceedings. He has been quoted by the press on many labor matters, including the National Labor Relations Board’s recent initiatives on protected concerted activity and the proposed Notice Posting requirements.