GOYA FOODS OF FLORIDA

National Labor Relations Board - Unpublished Board Decisions

Aug 17, 2010

12-CA-023524 (N.L.R.B. Aug. 17, 2010)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
GOYA FOODS OF FLORIDA
and Cases 12-CA-23524
12-CA-25198
12-CA-25286
UNITE HERE, CLC 12-CA-25305
ORDER
On July 25, 2008, the two sitting members of the Board
issued a Decision and Order in this proceeding, which is
reported at 352 NLRB 884.1 Thereafter, the Respondent filed
a petition for review in the United States Court of Appeals
for the District of Columbia, and the General Counsel filed
a cross-application for enforcement. Thereafter the court
ordered that the review/enforcement proceedings be held in
abeyance, and the record in this case was not filed with
the court.
On June 17, 2010, the United States Supreme Court
issued its decision in New Process Steel, L.P. v. NLRB, 130

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.
2
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.
Accordingly, in view of the Court’s decision in New
Process Steel, L.P., pursuant to Section 10(d) of the
National Labor Relations Act, the Board hereby sets aside
the above-referenced Decision and Order.2 The Board will
retain this case on its docket and take further action as
appropriate.
By Direction of the Board:
_______________________
Lester A. Heltzer
Executive Secretary

2 Section 10(d) states “[u]ntil the record in a case shall
have been filed in a court, as hereinafter provided, the
Board may at any time, upon reasonable notice and in such
manner as it shall deem proper, modify or set aside, in
whole or in part, any finding or order made or issued by
it.” See also In re NLRB, 304 U.S. 486 (1938).