NLRB Regional Director Had No Authority to Issue Complaint when Board Lacked Quorum and Acting General Counsel Was Not Validly Appointed: W.D. Wa. | Practical Law
The US District Court for the Western District of Washington held in Hooks v. Kitsap Tenant Support Servs. that a National Labor Relations Board (NLRB) regional director lacked authority to seek injunctive relief based on an employer's unfair labor practices (ULPs) because the NLRB was not properly constituted when the complaint was issued. The court also held that the Acting NLRB General Counsel lacked authority to delegate authority for the NLRB regional director to pursue the injunctive relief because the Acting General Counsel's appointment was invalid under the Federal Vacancies Reform Act (FVRA).