Teamsters Local Union No. 206 (Safeway, Inc.)

National Labor Relations Board - Unpublished Board Decisions

Mar 12, 2020

19-CB-168283 (N.L.R.B. Mar. 12, 2020)

Clackamas & Portland, OR
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
Teamsters Local Union No. 206
Cases 19-CB-168283
and 19-CB-178098
19-CB-192630
Safeway, Inc.
ORDER DENYING MOTION FOR RECONSIDERATION1
The Charging Party’s motion for reconsideration/clarification of the Board’s Decision
and Order reported at 368 NLRB No. 15 (2019) is denied.2 The Charging Party has not
identified any material error or demonstrated extraordinary circumstances warranting
reconsideration under Section 102.48(c)(1) of the Board’s Rules and Regulations.
Dated, Washington, D.C., March 12, 2020.
______________________________________
John F. Ring, Chairman
______________________________________
Marvin E. Kaplan, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD

1 Member Emanuel is a member of the panel but did not participate in this decision on the
merits.
In New Process Steel v. NLRB, 560 U.S. 674 (2010), the Supreme Court left undisturbed
the Board’s practice of deciding cases with a two-member quorum when one of the panel
members has recused himself. Under the Court’s reading of the Act, “the group quorum
provision [of Sec. 3(b)] still operates to allow any panel to issue a decision by only two members
if one member is disqualified.” New Process Steel, 560 U.S. at 688. See also, e.g., D. R.
Horton, Inc., 357 NLRB 2277, 2277 fn. 1 (2012), enfd. in relevant part 737 F.3d 344 (5th Cir.
2013); NLRB v. New Vista Nursing and Rehabilitation, 870 F.3d 113, 127-128 (3d Cir. 2017);
1621 Route 22 West Operating Company, 357 NLRB 1866, 1866 fn. 1 (2011), enfd. 725 Fed.
Appx. 129 (3d Cir. 2018).
2 The Respondent filed an opposition to the Charging Party’s motion for reconsideration.