The National Labor Relations Board (NLRB) reviewed an appeal from an administrative law judge's (ALJ) oral ruling. The General Counsel had requested special permission to appeal the ALJ's decision to approve a proposed consent order between Harmony Cares (the Respondent) and the Charging Party, Jessica Ali, despite objections from both the General Counsel and the Charging Party.

While the appeal was pending, the Board issued a significant decision in Metro Health, Inc. d/b/a Hospital Metropolitano Rio Piedras, 373 NLRB No. 89 (2024). This new decision overruled the prior precedent set in UPMC and its Subsidiary, UPMC Presbyterian Shadyside, 365 NLRB 1418 (2017), which had permitted cases to be resolved through consent orders.

In light of the change in precedent established by Metro Health, Inc., the Board granted the General Counsel's request for permission to appeal. It further granted the appeal on its merits, thereby setting aside the previously approved consent order. The case was then remanded to the ALJ for further proceedings consistent with this Order. Members Murphy and Mayer, while not participating in the original decision in Metro Health, Inc., applied its holding for institutional reasons to decide this case.

Significant Cases Cited

• Metro Health, Inc. d/b/a Hospital Metropolitano Rio Piedras, 373 NLRB No. 89 (2024): This decision 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 previously established the Board's practice of allowing cases to be resolved through consent orders, which has now been overruled.

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