Lewis Environmental Group

National Labor Relations Board - Unpublished Board Decisions

Aug 25, 2010

04-CA-035669 (N.L.R.B. Aug. 25, 2010)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
LEWIS ENVIRONMENTAL, INC.
and Cases 4-CA-35669
4-CA-36542
INTERNATIONAL UNION OF OPERATING
ENGINEERS, LOCAL 542, AFL-CIO
DECISION AND ORDER
On January 26, 2010, the two sifting members of the Board issued an
unpublished Decision and Order which approved and adopted the Formal
Settlement Stipulation entered into by Respondent and the General Counsel of
the National Labor Relations Board, providing for a consent order by the Board.'
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. Thereafter, the Charging
Party filed an "Appeal of Board's Decision" averring that under New Process
Steel the formal settlement agreement was improper, and seeking to have the
Board overturn the Formal Settlement Agreement and hold this case in abeyance
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.
until such time as Oil Capitol Sheet Metal, 349 NLRB 1348 (2007) is revisited by
2the new five member Board.
The National Labor Relations Board has delegated its authority in this
3proceeding to a three-member panel.
The Board has considered the Formal Settlement Stipulation and the
Charging Party's objections thereto and has decided to approve the Formal
Settlement Stipulation for the reasons stated in the January 26, 2010 -
unpublished Decision and Order, and to adopt the findings of fact and order set
forth in that Decision and Order, which is incorporated herein by reference.
Dated, Washington, D.C., August 25, 2010.
Wilma B. Liebman, Chairman
Peter C. Schaumber, Member
Mark Gaston Pearce, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
2 Thus, while styled as an "appeal," the Charging Party's submission is in the
nature of a motion for reconsideration pursuant to Section 102.48(d)(1) of the
Board's Rules and Regulations.
3 Consistent with the Board's general practice 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.
2