Information on Decisions Issued by January 4, 2012 Board Member Appointees
On January 4, 2012, three individuals were named as recess appointments to the National Labor Relations Board. On June 26, 2014, the United States Supreme Court ruled in NLRB v. Noel Canning, 134 S. Ct. 2550 (2014), that these appointments to the Board were not valid. Below is a list of contested cases in which one or more of these appointees participated in the issuance of a decision.
Chairman Pearce committed that the Board would resolve all of the cases returned to the Board within one year of the Supreme Court Decision. The Board completed reconsideration of cases returned from federal courts on June 26, 2015 with the issuance of 103 new decisions.
Cases still in process are those that are either in compliance or were returned to the Board on parties’ motions for recall/reconsideration.
Closed – The original Board decision resulted in some action that concluded the proceeding, such as settlement, withdrawal of charges, or full compliance.
In Process – The original Board order has not yet resulted in full compliance or resolution. The case may be in various stages of enforcement or compliance.
Requested/Returned to Board – The original decision has come back to the Board through a remand from a federal court, a filing by a party, or some other means. Also includes cases where the Board has requested remand.
New Decision – A panel of the Board, or the full Board, has considered the case based on a review of the record and has issued a new decision.
Otherwise Resolved – The case was returned to the Board and was resolved by some means other than a Board decision, such as settlement, withdrawal or Board remand.