800 RIVER ROAD OPERATING COMPANY LLC D/B/A WOODCREST HEALTH CARE CENTER

National Labor Relations Board - Unpublished Board Decisions

May 10, 2013

22-RC-073078 (N.L.R.B. May. 10, 2013)

May 10, 2013
Re: 800 River Road Operating Company LLC d/b/a Woodcrest Health
Center
Case 22-RC-073078
ORDER
We deny the Employer’s Motion to Vacate Decision and Certification of
Representative. The Employer contends that the Board lacked a quorum at the
time it issued the Decision and Certification of Representative in this case. We
reject this argument. We recognize that the United States Court of Appeals for
the District of Columbia Circuit has concluded that the President’s recess
appointments were not valid. See Noel Canning v. NLRB, 705 F.3d 490 (D.C.
Cir. 2013). However, as the court itself acknowledged, its decision is in conflict
with at least three other courts of appeals. See Evans v. Stephens, 387 F.3d
1220 (11th Cir. 2004), cert. denied 544 U.S. 942 (2005); U.S. v. Woodley, 751
F.2d 1008 (9th Cir. 1985); U.S. v. Allocco, 305 F.2d 704 (2d Cir. 1962). This
question remains in litigation, and until such time as it is ultimately resolved, the
Board is charged to fulfill its responsibilities under the Act. See Belgrove Post
Acute Care Center, 359 NLRB No. 77, slip op. at 1 fn.1 (2013).
Having denied the Employer’s Motion to Vacate Decision and Certification
of Representative, we find it unnecessary to rule on its Motion to Vacate Region’s
February 20, 2013 Letter Purporting to Deny Employer’s Motion to Vacate
Decision and Certification of Representative, which is rendered moot by the
denial of the former motion.
By direction of the Board:
Farah Z. Qureshi
Associate Executive Secretary
United States Government
NATIONAL LABOR RELATIONS BOARD
1099 14th STREET NW
WASHINGTON DC 20570