Labor Relations Board in State of Flux as Republicans Prepare to Take Over Congress

Posted December 3, 2014 at 1:51pm

Even without the expected Republican deluge of oversight and appropriations riders, the National Labor Relations Board is in a period of turmoil.

The Supreme Court ruled in June that the recess appointments of three board members were unconstitutional, which left in doubt the decisions in hundreds of cases that those members heard between January 2012 and June 2013.

A total of 418 cases were decided during their tenure, according to a section of the NLRB’s website.

The majority of the cases — 243 — are considered closed, meaning the original board decision resulted in some action that concluded the case, such as a settlement, withdrawal of charges or compliance with the NLRB’s ruling.

Another 72 are “in process,” that is, the board’s original decision hasn’t resulted in some final action that could be appealed.

Others are coming back to the NLRB for a re-hearing, including 49 that have been sent there, either through remand from a federal court or filing by one of the parties, but have not yet been decided.

Another 51 have resulted in what the NLRB calls a “new decision,” though that decision, issued by the full board or a three-member panel, could be to reaffirm the 2012 outcome. Four cases were “otherwise resolved” via settlement, withdrawal of charges or board remand to a regional office.