Yesterday, we reported that the Second Circuit denied enforcement of a Board Order issued by only 2-Members in light of New Process Steel v. NLRB and noted that the Court’s order did not remand the case to the Board, potentially foreclosing the Board’s ability to re-decide the case.  The Sixth Circuit has now weighed-in and remanded a 2-Member case to the Board for consideration by three or more Members.  In Galicks, Inc. v. NLRB, the court sua sponte remanded a pending case to the Board “for proceedings consistent with [New Process Steel].”  The opinion noted that the Clerk was advised by the Board that it would be filing motions to remand all cases pending in the Sixth Circuit (and presumably other circuits) in light of New Process Steel but that the motion had not been filed as of the date of the opinion.  Click here to read a copy of the Board’s Motion to Remand.

It remains to be seen whether other circuits will grant motions to remand filed by the Board, remand or deny enforcement of Board Orders sua sponte, or take other action.  We will continue to monitor these important developments and report on them as they occur.