A few weeks ago we blogged about consolidated cases pending in the U.S. Court of Appeals for the District of Columbia Circuit, in which the petitioners were seeking writs of mandamus or prohibition, to stop the NLRB from issuing further decisions unless and until it had a properly appointed quorum. The cases were scheduled for oral argument in September.
Now, in view of the Senate’s confirmation of a new five member Board, the cases have become moot. The petitioners in the cases moved to voluntarily dismiss them, and the Court granted the motion without further comment. This brings to a close one of the many legal skirmishes that have swirled around the President’s recess appointments to the NLRB on January 4, 2012.
It remains to be seen, of course, what will happen to numerous other matters in which issues have been raised about the actions and authority of various NLRB officials, such as regional directors and administrative law judges, who acted on behalf of or were appointed by the old Board. And, of course, the Supreme Court will have the final word on the broader recess appointment issue when it decides the Noel Canning case next year. Both those topics were discussed by us here.