Modern Transportation Services, Inc. and TSL, Ltd., Joint Employer

National Labor Relations Board - Unpublished Board Decisions

Jan 22, 2010

06-RC-012706 (N.L.R.B. Jan. 22, 2010)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
MODERN TRANSPORTATION SERVICES, INC.
AND TSL, LTD., JOINT EMPLOYER
Employer
and Case 6-RC-12706
GENERAL TEAMSTERS, CHAUFFEURS AND
HELPERS, LOCAL NO. 249 a/w INTERNATIONAL
BROTHERHOOD OF TEAMSTERS
Petitioner
ORDER
Petitioner's Request for Review of the Regional
Director's Decision and Order is denied as it raises no
2substantial issues' warranting review .
We reject TSLIS assertion that the Petitioner's
Request for Review should be denied on procedural
grounds.
2 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 Board's powers in anticipation of
the expiration of the terms of Members Kirsanow and
Walsh on December 31, 2007. Pursuant to this
delegation, Chairman Liebman and Member Schaumber
constitute a quorum of the three-member group. As a
quorum, they have the authority to issue decisions and
orders in unfair labor practice and representation
cases. See Sec. 3(b) of the Act. See Teamsters Local
523 v. NLRB, F.3d 1 2009 WL 4912300 (loth Cir.
Dec. 22, 2009); Nar.ricot Industries, L.P. v. NLRB, 587
F.3d 654 (4th Cir. 2009); Snell Island SNF LLC v.
NLRB, 568 F.3d 410 (2d Cir. 2009), petition for cert.
filed 78 U.S.L.W. 3130 (U.S. Sept. 11, 2009) (No. 09'
328); New Process Steel v. NLRB, 564 F.3d 840 (7th
Cir. 2009), cert. granted 130 S.Ct. 488 (2009);
Northeastern Land Services v. NLRB, 560 F.3d 36 (1st
Cir. 2009), petition for cert. filed 78 U.S.L.W. 3098
WILMA B. LIEBMAN, CHAIRMAN
PETER C. SCHAUMBER, MEMBER
Dated, Washington, D.C. January 22, 2010
(U.S. Aug. 18, 2009) (No. 09-213). But see Laurel
Baye Healthcare of Lake Lanier, Inc. v. NLRB, 564 F.3d
469 (D.C. Cir. 2009), petition for cert. filed 78
U.S.L.W. 3185 (U.S. Sept. 29, 2009) (No. 09-377).