Community Medical Center

National Labor Relations Board - Board Decisions

Aug 26, 2010

355 N.L.R.B. 628 (N.L.R.B. 2010)

DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
355 NLRB No. 128
628
Community Medical Center and New York State
Nurses Association. Cases 4–CA–34888, 4–CA–
35025, and 4–RC–21199
August 26, 2010
DECISION, ORDER, AND DIRECTION OF
SECOND ELECTION
BY CHAIRMAN LIEBMAN AND MEMBERS SCHAUMBER
AND PEARCE
On May 29, 2009, the two sitting members of the
Board issued a Decision, Order, and Direction of Second
Election in this proceeding, which is reported at 354
NLRB No. 26.1 Thereafter, the Respondent filed a peti-
tion for review in the United States Court of Appeals for
the Third Circuit, and the General Counsel filed a cross-
application for enforcement. On June 17, 2010, the
United States Supreme Court issued its decision in New

1 Effective midnight December 28, 2007, Members Liebman,
Schaumber, Kirsanow, and Walsh delegated to Members Liebman,
Schaumber, and Kirsanow, as a three-member group, all of the powers
of the National Labor Relations Board in anticipation of the expiration
of the terms of Members Kirsanow and Walsh on December 31, 2007.
Thereafter, pursuant to this delegation, the two sitting members issued
decisions and orders in unfair labor practice and representation cases.
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. Thereafter, the
court of appeals remanded this case for further proceed-
ings consistent with the Supreme Court’s decision.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.2
The Board has considered the judge’s decision, the
supplemental decision, and the record in light of the ex-
ceptions and briefs and has decided to affirm the judge’s
rulings, findings, and conclusions and to adopt the rec-
ommended Order to the extent and for the reasons stated
in the decision reported at 354 NLRB No. 26, which is
incorporated herein by reference.3

2 Consistent with the Board’s general practice in cases remanded
from the courts of appeals, and for reasons of administrative economy,
the panel includes the members who participated in the original deci-
sion. Furthermore, under the Board’s standard procedures applicable to
all cases assigned to a panel, the Board Members not assigned to the
panel had the opportunity to participate in the adjudication of this case
at any time up to the issuance of this decision.
3 We also adopt the Board’s previous unpublished Order on Decem-
ber 9, 2008, remanding the case to the judge for further consideration of
one of his findings.