The court’s recent ruling that invalidated three appointments made by President Obama to the National Labor Relations Board (NLRB) has the board wondering whether board decisions made when the now-invalid appointees were participating will have to be re-decided. More than 430 cases could now be in doubt. In a recent statement, Board Chairman Mark Gaston Pearce said:
We are analyzing the impact that the Court’s decision has on Board cases in which the January 2012 recess appointees participated. The Agency is committed to resolving any cases affected by today’s decision as expeditiously as possible.