The NLRB vacated its February 2021 decision in CVS/Pharmacy—even though a later decision clarified a bargaining unit covering Chicago-area CVS pharmacies to exclude supervisory Team Leaders—citing it decision in ExxonMobil Research & Engineering Co., 371 NLRB No. 128 (2022), for the proposition that vacatur is the appropriate remedy for a former Republican member’s disqualifying financial conflict of interest. A dissenting member argued the decision shouldn’t be vacated because it disregards the parties united request not to take that step, the former member’s error was harmless, and it ignores the potential injury to public confidence of the board of devoting agency ...

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