Machinists, District Lodge 160, Local Lodge 289 (SSA Marine)

National Labor Relations Board - Board Decisions

Dec 15, 2010

356 N.L.R.B. 288 (N.L.R.B. 2010)

DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 288
International Association of Machinists and Aero-
space Workers District Lodge 160, Local Lodge
289 and SSA Marine, Inc. and International
Longshore and Warehouse Union. Case 19–CD–
502
December 15, 2010
DECISION AND DETERMINATION OF DISPUTE
BY CHAIRMAN LIEBMAN AND MEMBERS BECKER
AND PEARCE
On January 22, 2010, the two sitting members of the
Board issued a Decision and Determination of Dispute in
this proceeding, which is reported at 355 NLRB 23.1 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 main-
tained. On October 15, 2010, SSA Marine, Inc. (the
Employer) filed a request with the Board for expedited
reconsideration of the case by a panel of at least three
members.2
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 By letter to the Board dated October 18, 2010, the International
Association of Machinists (the IAM) objected to the Employer’s re-
quest for expedited reconsideration, characterizing it as an “attempt to
submit further briefing to the Board on the merits of the underlying
10(k) dispute.” Specifically, the IAM objected to the Employer’s pur-
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
The Board has decided that employees represented by
the International Longshore and Warehouse Union are
entitled to perform the work in dispute for the reasons
stated in the decision reported at 355 NLRB 23 (2010),
which is incorporated here by reference.
DETERMINATION OF DISPUTE
The National Labor Relations Board makes the follow-
ing Determination of Dispute.
1. Employees of SSA Marine, represented by the In-
ternational Longshore and Warehouse Union, are entitled
to perform maintenance and repair work on SSA Ma-
rine’s stevedoring and terminal service power equipment
while it is present at Terminal 91 in Seattle, Washington.
2. International Association of Machinists and Aero-
space Workers District Lodge 160, Local Lodge 289 is
not entitled by means proscribed by Section 8(b)(4)(D)
of the Act to force the Employer to assign the disputed
work to workers represented by it.
3. Within 14 days from this date, International Asso-
ciation of Machinists and Aerospace Workers District
Lodge 160, Local Lodge 289 shall notify the Regional
Director for Region 19 in writing whether it will refrain
from forcing the Employer, by means proscribed by Sec-
tion 8(b)(4)(D), to assign the disputed work in a manner
inconsistent with this determination.
ported failure to “limit its letter to a simple request[ ] for an expedited
ruling.” In resolving this jurisdictional dispute, we rely solely on the
10(k) record that is properly before the Board, which includes the hear-
ing officer’s report, hearing transcript, exhibits, and posthearing briefs.
See Board Rules and Regulations Sec. 101.35.

356 NLRB No. 54