The National Labor Relations Board (NLRB) July 1 announced that it will be reopening 96 cases that are currently on appeal before federal courts. The announcement follows the U.S. Supreme Court’s June 17 ruling that the NLRB was not authorized to issue decisions during a 27-month period when three of its five seats were vacant, invalidating nearly 600 decisions.
The 5-4 decision by the Supreme Court resolved a series of conflicting appellate court opinions by clarifying what constitutes a quorum on the board. According to the court opinion, the NLRB must have at least three members in order to issue decisions.
Each of the remanded cases will be considered by a three-member panel of the NLRB which will include the two members that originally decided the cases and one other member. The remaining two board members will have the option to participate if they choose. It is still unclear how the NLRB will handle the remaining rulings that have not been challenged in federal court.
The U.S. Senate June 22 confirmed two of President Obama’s nominees to the NLRB, Brian Hayes and Mark Pearce, bringing the total number of NLRB members to the full complement of five for the first time in more than two years. The full membership may not last long, however, as Peter Schaumber’s term expires in August.