The National Labor Relations Board (NLRB) reviewed an administrative law judge's (ALJ) decision to approve a proposed consent order between Apple, Inc. (the Respondent) and the Communications Workers of America (the Union), over the objections of the General Counsel and the Union. While the appeal was pending before the Board, the NLRB issued a significant decision in Metro Health, Inc. d/b/a Hospital Metropolitano Rio Piedras, 373 NLRB No. 89 (2024). This new precedent overruled UPMC and its Subsidiary, UPMC Presbyterian Shadyside, 365 NLRB 1418 (2017), and discontinued the Board's prior practice of permitting cases to be resolved through consent orders. Consequently, the Board granted the General Counsel's request for special permission to appeal, sustained the appeal on its merits, vacated the consent order previously approved by the ALJ, and remanded the case back to the ALJ for further proceedings in accordance with the newly established precedent. Members Murphy and Mayer noted they did not participate in the Hospital Metropolitano Rio Piedras decision but applied it for institutional reasons in this case.

Significant Cases Cited

• Metro Health, Inc. d/b/a Hospital Metropolitano Rio Piedras, 373 NLRB No. 89 (2024): This decision overruled previous NLRB precedent and ended the practice of allowing cases to be resolved through consent orders.
• UPMC and its Subsidiary, UPMC Presbyterian Shadyside, 365 NLRB 1418 (2017): This case, overruled by Hospital Metropolitano Rio Piedras, previously allowed for cases to be resolved through consent orders.

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