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NLRB ratifies administrative, personnel actions taken by board ruled invalid

The National Labor Relations Board has ratified a number of administrative and personnel actions taken by its board despite the Supreme Court ruling that some of its members were not constitutionally appointed at the time.

The Supreme Court earlier this year invalidated three appointments made by President Obama to the NLRB in January 2012. The court said Obama exceeded his authority when he made the temporary appointments to the board during a brief Senate break.

The NLRB said in a statement Monday that the board in July unanimously agreed to approve all administrative, personnel, and procurement decisions made from January 4, 2012 to August 5, 2013 -- or from the time Obama's appointments were made to the time the board regained a quorum of five members.

“The board has now ratified these actions to remove any question concerning the validity of actions undertaken during that period,” the statement said.

The Supreme Court decision threw hundreds of the board's case decisions into question, and raised the possibility that decisions made when the Obama appointees were participating would have to be re-decided under the current NLRB.

Reuters reported Monday that the board has yet to take action on the fate of the case decisions made during that time period.