The National Labor Relations Board (NLRB) considered an appeal concerning an administrative law judge's approval of a consent order between Walmart Inc. (the Respondent) and Bryarr Charles Misner (the Charging Party). The General Counsel had objected to the consent order, and the Charging Party also opposed its approval. The General Counsel subsequently requested special permission to appeal the judge's order.

While the appeal was pending, the Board issued a significant decision in Metro Health, Inc. d/b/a Hospital Metropolitano Rio Piedras, which overruled its prior precedent established in UPMC and its Subsidiary, UPMC Presbyterian Shadyside. The Metro Health decision specifically ended the Board's practice of allowing cases to be resolved through consent orders.

In light of this new precedent, the Board granted the General Counsel's request for permission to appeal. The Board then granted the appeal on its merits, effectively setting aside the prior consent order that had been approved by the administrative law judge. The case was consequently remanded back to the administrative law judge for further proceedings consistent with the Board's decision. The Board members who did not participate in the Metro Health decision stated that they were applying its holding for institutional reasons in deciding this case.

Significant Cases Cited

• Metro Health, Inc. d/b/a Hospital Metropolitano Rio Piedras, 373 NLRB No. 89 (2024): This case overruled prior precedent and ended the Board's practice of allowing cases to be resolved through consent orders.
• UPMC and its Subsidiary, UPMC Presbyterian Shadyside, 365 NLRB 1418 (2017): This case established a prior precedent regarding the Board's practice of allowing consent orders, which was subsequently overruled.

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