Fordham Hill Owners Corporation

National Labor Relations Board - Unpublished Board Decisions

Jun 18, 2013

02-RC-098661 (N.L.R.B. Jun. 18, 2013)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
FORDHAM HILL OWNERS CORPORATION
Employer
and Case 02-RC-098661
UNITED FEDERATION OF SPECIAL POLICE
and SECURITY OFFICERS, INC.
Petitioner
ORDER
The Employer’s Request for Review of the Regional Director’s Supplemental Decision
and Certification of Representative is denied as it raises no substantial issues warranting review.1
MARK GASTON PEARCE, CHAIRMAN
RICHARD F. GRIFFIN, JR., MEMBER
SHARON BLOCK, MEMBER
Dated, Washington, D.C., June 18, 2013.

1 The Employer contends in its election objections that that the Board previously erred in denying its Request for
Review and in directing an election because the Board does not have a valid quorum under Noel Canning v. NLRB,
705 F.3d 490 (D.C. Cir. 2013), pet. for cert. pending, No. 12-1281 (filed Apr. 25, 2013). For the reasons stated in
our April 29, 2013 Decision and Order, and in Bloomingdale’s, 359 NLRB No. 113 (2013), these arguments are
rejected.
We likewise reject the Employer’s related contentions in its election objections that the Regional Director
erred in issuing a Decision and Direction of Election, and the Board Agent erred in conducting the election because
the Regional Director lacked authority to process representation petitions if the Board lacked a quorum. The
Board’s delegation of its decisional authority in representation cases to Regional Directors dates back to 1961 and
has never been withdrawn. See 26 Fed. Reg. 3889 (May 4, 1961). Consistent with the 1961 Delegation, NLRB
Regional Directors remain vested with the authority to conduct elections and certify their results, regardless of the
Board’s composition at any given moment. Furthermore, in New Process Steel, the Supreme Court expressly stated
that such delegations were not affected by its decision, and, following that decision, no fewer than three courts of
appeals have upheld the principle that Board delegations of authority to non-members remain valid during a loss of
quorum by the Board. See New Process Steel L.P. v. NLRB, 130. S.Ct. 2635, 2643 n.4 (2010); Frankl v. HTH
Corp., 650 F.3d 1334, 1354 (9th Cir. 2011); Osthus v. Whitesell Corp., 639 F.3d 841, 844 (8th Cir. 2011);
Overstreet v. El Paso Disposal, LP, 625 F.3d 844, 853 (5th Cir. 2010).