Coastal Insulation Corpration, Elmsford Insulation Corporation and Sealrite Insulation of New York,

National Labor Relations Board - Board Decisions

Aug 19, 2010

22-CA-028439 (N.L.R.B. Aug. 19, 2010)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
COASTAL INSULATION CORPORATION,
and ELMSFORD INSULATION CORPORATION,
and SEALRITE INSULATION OF NEW YORK,
a single employer
and Case 22-CA-28439
SERGIO SANTOS, an individual
ORDER
On August 31, 2009, the two sifting members of the Board issued a
Decision and Order in this proceeding, which is reported 354 NLRB No. 70
(2009).' Thereafter, the Respondent filed a petition for review in the United
States Court of Appeals for the District of Columbia, and the General Counsel
filed a cross-application for enforcement. Thereafter the court ordered that the
review/enforcement proceedings be held in abeyance, and the record in this case
was not filed with the court.
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
deleged group of at least three members must be maintained.
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.
Accordingly, in view of the Court's decision in New Process Steel, L.P.,
pursuant to Section 1 0(d) of the National Labor Relations Act, the Board hereby
2sets aside the above- referenced Decision and Order. The Board will retain this
case on its docket and take further action as appropriate.
By Direction of the Board:
(-.Lester Heltzer
Executive Secretary
Washington, D.C. August 19, 2010
2 Section 1 0(d) states "[u]ntil the record in a case shall have been filed in a court, as hereinafter
provided, the Board may at any time, upon reasonable notice and in such manner as it shall
deem proper, modify or set aside, in whole or in part, any finding or order made or issued by it."
See also In re NLRB, 304 U.S. 486 (1938).
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