New Process Steel, LP

National Labor Relations Board - Board Decisions

Aug 23, 2010

355 N.L.R.B. 576 (N.L.R.B. 2010)

DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
355 NLRB No. 97
590
New Process Steel, LP and District lodge 34, Interna-
tional Association of Machinists and Aerospace
Workers, AFL–CIO. Case 25–CA–30632
August 23, 2010
DECISION AND ORDER
BY CHAIRMAN LIEBMAN, AND MEMBERS SCHAUMBER
AND PEARCE
On September 30, 2008, the two sitting members of
the Board issued a Decision and Order, which is reported
at 353 NLRB 254.1 Thereafter, following the Respon-
dent’s petition for review in the United States Court of
Appeals for the Seventh Circuit, and the General Coun-
sel’s cross-application for enforcement, the Seventh Cir-
cuit enforced the Board’s Order.2 However, on June 17,
2010, the United States Supreme Court issued its deci-

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 The Court order enforced the Board decision in 353 NLRB 254, as
well as the Board’s September 25, 2008 Decision and Order, reported
at 353 NLRB 111.
sion in this proceeding 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. New Process Steel, L.P. v. NLRB, 130 S.Ct
2635. Thereafter, the court of appeals remanded this
case for further proceedings consistent with the Supreme
Court’s decision.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.3
The Board has considered the General Counsel’s Mo-
tion for Summary Judgment, the Respondent’s Cross-
Motion for Summary Judgment and Opposition to the
General Counsel’s Motion, and the General Counsel’s
Opposition to the Respondent’s Cross-Motion, and
adopts the Decision and Order to the extent and for the
reasons stated in the decision reported at 353 NLRB 254,
which is incorporated herein by reference.4

3 Consistent with the Board's general practice in cases remanded
from the courts of appeals, and for reasons of administrative economy,
the panel includes the members who participated in the original deci-
sion. 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.
4 This Decision and Order is predicated on our August 23, 2010 De-
cision and Order reported at 355 NLRB 600, which adopts the decision
reported at 353 NLRB 111.