NLRB ratifies actions of unconstitutional board

The National Labor Relations Board said Monday that it had ratified a host of administrative, personnel and procurement actions initially taken when the board was unconstitutionally constructed. 

“The Board has now ratified these actions to remove any question concerning the validity of actions undertaken during that period,” the NLRB said in a press release Monday afternoon. 

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The move comes in response to the U.S. Supreme Court’s June ruling in National Labor Relations Board v. Noel Canning.

The justices held that President Obama overstepped in 2012 when he used recess appointment powers to install members on the board while the Senate was technically still in session. The ruling invalidated three of the president’s appointments.

The board has since said it would have to revisit roughly 100 cases from the period between January 2012, when the appointments were made, and August 2013, when the Senate approved new board members.

During the same time, the board took other actions, including the appointment of regional directors and administrative law judges, as well as steps to restructure various offices. 

The NLRB contends that those actions were “timely and appropriate,” according to the minutes from a July 18 meeting that were issued Monday. Still, acting “in an abundance of caution,” the board moved to formally ratify the measures. 

Officials at the agency could not immediately be reached for further comment.