National Labor Relations Board General Counsel Richard Griffin discussed various steps the Board is taking in light of the Noel Canning decision, as well as his office’s priorities during a July 9 webinar sponsored by the American Bar Association. 

During the first part of the program, Griffin provided an update on the Board’s pending cases following the Supreme Court’s finding in Noel Canning that the three January 2012 recess appointments to the Board were invalid. Griffin explained that there were a total of 98 cases in the federal courts of appeals involving the January 2012 recess appointees. Of those cases, 43 were “no record” cases in which the Board had not yet filed a record in the court. Therefore, pursuant to Section 10(d) of the NLRA, which provides: “Until the record in a case shall have been filed in a court, as hereinafter provided, the Board may at any time, upon reasonable notice and in such manner as it shall deem proper, modify or set aside, in whole or in part, any finding or order made or issued by it,” the Board was able to set aside the orders in those cases, and filed motions to dismiss.  Continue reading this entry at Littler's Workplace Policy Update.