E.B.Eames Co., Inc.

National Labor Relations Board - Unpublished Board Decisions

Aug 24, 2010

28-RM-000617 (N.L.R.B. Aug. 24, 2010)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
E.B. EAMES CO., INC.
Employer
and Case 28-RM-617
SOUTHWEST REGIONAL COUNCIL
OF CARPENTERS
Petitioner
ORDER
On August 25, 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. By letter dated July 2.
2010, the Employer filed a "request for review of illegally dismissed RM petitions."' The
Board has carefully considered the Employer's June 30, 2009 Request for Review and its
current "request for review," and, except for the Employer's argument that the two-
member Board lacked statutory authority to decide the case, finds them without merit.
Accordingly, we affirm the decision to deny the earlier Request for Review and deny the
instant "request for review."2
WILMA B. LIEBMAN, CHAIRMAN
PETER C. SCHAUMBER, MEMBER
BRIAN E. HAYES, MEMBER
Dated, Washington, D.C., August 24, 2010.
1 This filing was accepted on July 30, 2010.
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 decision. 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. Accordingly, we deny the Employer's request that the panel
not include the two members who participated in the original decision.