EAGLE RAY ELECTRIC COMPANY

National Labor Relations Board - Board Decisions

Aug 17, 2010

14-CA-029685 (N.L.R.B. Aug. 17, 2010)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
EAGLE RAY ELECTRIC COMPANY
and Cases 14-CA-29685
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, LOCAL #1
AFL-CIO
ORDER
On May 29, 2009, the two sitting members of the Board
issued a Decision and Order in this proceeding, which is
reported at 354 NLRB No. 27.1 Thereafter, the Respondent
filed a petition for review in the United States Court of
Appeals for the District of Columbia Circuit, and the
General Counsel filed a cross-application for enforcement.
Thereafter the court ordered that the review and
enforcement proceedings be held in abeyance, and the record
in these cases 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

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
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.
Accordingly, in view of the Court’s decision in New
Process Steel, L.P., pursuant to Section 10(d) of the
National Labor Relations Act, the Board hereby sets aside
the above-referenced Decision and Order.2 The Board will
retain this case on its docket and take further action as
appropriate.
By Direction of the Board:
_______________________
Lester A. Heltzer
Executive Secretary

2 Sec. 10(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).