Cristal USA, Inc.

National Labor Relations Board - Unpublished Board Decisions

Mar 6, 2020

08-CA-200330 (N.L.R.B. Mar. 6, 2020)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
CRISTAL USA, INC.
and Case 08-CA-200330
INTERNATIONAL CHEMICAL WORKERS
UNION COUNCIL OF THE UNITED FOOD
& COMMERCIAL WORKERS, AFL-CIO, CLC
ORDER DENYING MOTION FOR RECONSIDERATION 1
The Charging Party’s Motion for Reconsideration of the Board’s Order Denying
Motion and Remanding reported at 368 NLRB No. 137 (2019) is denied. The Charging
Party has not identified any material error or demonstrated extraordinary circumstances
warranting reconsideration under Section 102.48(c)(1) of the Board’s Rules and
Regulations.
Dated, Washington, D.C., March 6, 2020.
John F. Ring, Chairman
Marvin E. Kaplan, Member

1 Member Emanuel is a member of the panel but did not participate in this decision on
the merits.
In New Process Steel v. NLRB, 130 S.Ct. 2635 (2010), the Supreme Court left
undisturbed the Board’s practice of deciding cases with a two-member quorum when
one of the panel members has recused himself. Under the Court’s reading of the Act,
“the group quorum provision [of Sec. 3(b)] still operates to allow any panel to issue a
decision by only two members if one member is disqualified.” New Process Steel, 130
S. Ct. at 2644. See also, e.g., D.R. Horton, 357 NLRB 2277, 2277 n.1 (2012), enfd. in
relevant part, 737 F.3d 344, 353 (5th Cir. 2013); NLRB v. New Vista Nursing and
Rehabilitation, 870 F.3d 113, 127–28 (3d Cir. 2017); 1621 Route 22 West Operating
Company, 357 NLRB 1866, 1866 n.1 (2011), enfd. 725 Fed. Appx. 129, 136 n.7 (3d Cir.
2018).