The January 25 decision by the D. C. Circuit Court of Appeals in Noel Canning v. National Labor Relations Board, which declared that three appointments by President Obama to the Board were unconstitutional because they were made while the Senate was officially in session, has thrown decisions made the NLRB while those members sat on it into doubt, for good reason. However, the NLRB then announced that it would simply ignore the court’s ruling.
So what are businesses at the receiving end of some NLRB unfavorable decisions that included those illegally appointed members to do? To their credit, some are pressing the issue. On January 30, California hospital chain Prime Healthcare Services announced it would not follow at least two NLRB rulings issued while the illegally appointed members sat on the Board.
Then on February 4, Connecticut nursing home operator HealthBridge Management asked Supreme Court Justice Ruth Bader Ginsburg to issue a stay on a NLRB decision mandating that HealthBridge immediately reinstate 700 employees who had walked off the job on July 3, 2012, including some who may have committed acts of sabotage that endangered patients.