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    Home > Membership > Government Relations > Key Issues > NLRB Ruling: What Does it Mean for Business?

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    NLRB Ruling: What Does it Mean for Business?

    What does this mean for your business? Two things are likely in the immediate future: a White House appeal and further litigation. First, the White House is likely to appeal the decision, either to the full bench of the federal appeals court (en banc) or to the U.S. Supreme Court. If the D.C. Court of Appeals ruling stands, all 200+ decisions made by the NLRB since January 2012 could be challenged and potentially thrown out because the board lacked the constitutional authority to act.

    Future decisions of the NLRB are also in jeopardy as long as those, for now, unconstitutionally appointed members continue to participate in NLRB decision-making. If the decision stands, the President would need to appoint at least two new members and allow for the Senate to confirm the new board members for the NLRB to become legally functional again. Two of the three sitting NLRB members are recess appointments. The board, which could have up to five members, needs a quorum of three to act.