Quickway Transportation, Inc.

National Labor Relations Board - Board Decisions

Aug 27, 2010

355 N.L.R.B. 678 (N.L.R.B. 2010)

DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD.
355 NLRB No. 140
678
Quickway Transportation, Inc. and Drivers Chauf-
feurs & Warehousemen Teamsters Local No.
639 a/w International Brotherhood of Team-
sters. Cases 5–CA–33111, 5–CA–33257, 5–CA–
33446, and 5–CA–33497
August 27, 2010
DECISION AND ORDER
BY CHAIRMAN LIEBMAN AND MEMBERS SCHAUMBER
AND HAYES
On September 24, 2009, the two sitting members of
the Board issued a Decision and Order in this proceed-
ing, which is reported at 354 NLRB 560.1 Thereafter, the
General Counsel filed an application for enforcement in
the United States Court of Appeals for the Fourth Circuit.
On June 17, 2010, the United States Supreme Court is-
sued its decision in New Process Steel, L.P. v. NLRB,
130 S.Ct. 2635, holding that under Section 3(b) of the

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.
Act, in order to exercise the delegated authority of the
Board, a delegee group of at least three members must be
maintained. Thereafter, the court of appeals remanded
this case for further proceedings consistent with the Su-
preme Court’s decision.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.2
The Board has considered the judge’s decision and the
record in light of the exceptions and briefs and has de-
cided to affirm the judge’s rulings, findings, and conclu-
sions and to adopt the recommended Order to the extent
and for the reasons stated in the decision reported at 354
NLRB No. 80, which is incorporated herein by refer-
ence.3

2 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.
3 In so concluding, we rely on Spurlino Materials, LLC, 355 NLRB
505 (2010), incorporating by reference the rationale of Spurlino Mate-
rial, 353 NLRB 1198, 1219 (2009). We find it unnecessary to rely on
New York Post, 353 NLRB 343, 344–345 (2008), as cited at slip. op 2
of the decision, and on San Luis Trucking, 352 NLRB 211, 230 (2008)
as cited at slip. op. 3 of the decision.