NVEnergy, Inc

National Labor Relations Board - Unpublished Board Decisions

Aug 27, 2010

28-UC-000243 (N.L.R.B. Aug. 27, 2010)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
NV ENERGY, INC.
Employer
and Case 28-UC-243
INTERNATIONAL BROTHERHOOD
OF ELECTRICAL WORKERS, LOCAL
396, AFL-CIO
Petitioner
ORDER
On October 19, 2009, the two sitting members of the Board issued an Order
granting review and denying review in this proceeding. 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.
The Board has carefully considered the Petitioner's March 25, 2009, Request for Review
and the Employer's March 26, 2009, Request for Review of the Regional Director's
Decision and Order Clarifying Bargaining Unit, and finds the Employer's Request for
Review raises substantial issues warranting review. Accordingly, we affirm the decision
to grant the Employer's Request for Review, and affirm the decision to deny the
Petitioner's Request for Review.
WILMA B. LIEBMAN, CHAIRMAN
PETER C. SCHAUMBER, MEMBER
BRIAN E. HAYES, MEMBER
Dated, Washington, D.C., August 27, 2010