New England Biz Law Update
The National Labor Relations Board has issued its first published decision since regaining a quorum, resuming adjudicatory activity after a period of inactivity.
The decision addressed whether union certification actions taken during an earlier quorum lapse remained valid. The Board concluded that they did.
The case arose from an employer challenge to a union certification, arguing that the NLRB lacked authority to act during a period when the Board did not have a sufficient number of confirmed members.
The Board rejected that argument, holding that the certification process at issue was properly conducted and enforceable despite the quorum gap.
The decision marks an important procedural development for employers, as it confirms that union representation matters and related Board actions taken during the lapse are unlikely to be invalidated on quorum grounds alone.
More broadly, the ruling indicates that the NLRB is again positioned to issue decisions, resolve pending cases, and advance enforcement priorities that had stalled during the period without a quorum.
For employers, the Board’s return to active decision-making suggests that labor relations disputes, including those involving union elections, bargaining obligations, and unfair labor practice allegations, may begin moving forward more quickly in the coming months.
Employers with pending NLRB matters or active union organizing efforts may want to monitor developments closely as the agency resumes regular operations.
