According to National Labor Relations Board Chair Mark Gaston Pearce, the NLRB is on track to resolve by June 26 all cases that were returned to it when the Supreme Court ruled that three recess board appointments made in 2012 were unconstitutional.
Testifying before a subcommittee of the Senate Appropriations Committee on May 14, Pearce said 16 cases remain from an original docket of 103 that were affected by the Supreme Court’s 2014 decision in NLRB v. Noel Canning. In that case, the Supreme Court unanimously ruled that President Obama did not have the authority to appoint former NLRB members Sharon Block, Richard Griffin, and Terence Flynn while the Senate was out of session.
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