In a year-end parting shot, the National Labor Relations Board told Noel Canning, the company that initiated a major Supreme Court case on President Obama’s recess appointment powers that the administration lost in June, that the board was right all along on the underlying merits of its case.
The NLRB is the federal agency that enforces labor laws. In 2012, it issued an unfair labor practices case against the Yakima, Wash., canning business, saying the company was failing to negotiate with its workers’ representative, the Teamsters. Noel Canning appealed and the case was thrown out in a unanimous Supreme Court decision.
The justices ruled on the grounds that the five-member NLRB had lacked a proper quorum at the time of its decision. Two of the three board members at the time, Sharon Block and Richard Griffin, were recess appointees made by the president to circumvent Congress’ confirmation process.
The Supreme Court case garnered major attention because it involved rarely addressed legal issues involving the limits of executive branch power. Ultimately, the court’s ruling invalidated not only the Noel Canning decision, but all other decisions made by the board involving those recess appointees — more than a year’s worth.
The NLRB, which now has a full five-member board, has been steadily re-doing the cases. On Tuesday, it said the earlier board’s ruling was correct. It noted that the Supreme Court’s ruling only involved the board’s legitimacy and not the merits of the case against Noel Canning.
“We have … considered the now-vacated decision and order, and we agree with the rationale set forth therein. Accordingly, we affirm the [NLRB administrative law] judge’s rulings, findings, and conclusions and adopt the judge’s recommended order,” the board said.
Noel Canning’s attorney could not be reached for comment.
