*Columbus*

National Labor Relations Board - Unpublished Board Decisions

Sep 15, 2010

02-RC-023351 (N.L.R.B. Sep. 15, 2010)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
COLUMBUS TRANSIT LLC
Employer
and Case 2-RC-23351
TRANSPORT WORKERS UNION OF
GREATER NEW YORK, LOCAL 100,
AFL-CIO
Petitioner
and
LOCAL 713, INTERNATIONAL
BROTHERHOOD OF TRADE UNIONS,
IUJAT
Intervenor
ORDER
On May 28, 2009, the two sitting members of the Board
issued an Order denying review in this proceeding. On June 17,
2010, the United States Supreme Court issued its decision in New
Process Steel, L.P. v. NLRB, 130 S.Ct. 2635, holding that under
Section 3(b) of the Act, in order to exercise the delegated
authority of the Board, a delegee group of at least three
members must be maintained. On July 26, 2010, the Employer
filed a motion to vacate the Board’s May 28, 2009 Order denying
the Employer’s requests for review of the Regional Director’s
Decision and Direction of Election and the Acting Regional
Director’s Supplemental Decision and Order Directing the Opening
and the Counting of Ballots. The Board has carefully considered
the Employer’s February 26, 2009 Request for Review, its April
3, 2009 Request for Review, and its current motion to vacate,
and finds them without merit. Accordingly, we deny the earlier
Requests for Review and deny the instant motion on the grounds
that the Employer’s arguments can be resolved in the ongoing
objections case.
WILMA B. LIEBMAN, CHAIRMAN
CRAIG BECKER, MEMBER
BRIAN E. HAYES, MEMBER
Dated, Washington, D.C., September 15, 2010.