Thursday, August 21, 2014

Noel Canning Fallout Continues

As discussed here, the Supreme Court's ruling in Noel Canning is already causing the Board to spend time re-evaluating -- and, in almost every case, reaffirming -- hundreds of decisions nullified by the Supreme Court's decision.

In the meantime, until reaffirmed by the Board, nullified Board decisions that announced changes in the law are no longer in effect. For example, an ALJ recently ruled that the Board's Noel-Canning-era decision that dues-checkoff provisions survive expiration of a CBA is no longer valid, and therefore dismissed charges against an employer under that theory.

However, because the ideological composition of the Board remains unchanged, most of those decisions will be reaffirmed.

--Jonathan Nadler

--Jon Nadler

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