Fortuna Enterprises, L.P. a Delaware Partnership d/b/a The Los Angeles Airport Hilton Hotel and Towe

National Labor Relations Board - Board Decisions

Aug 17, 2010

31-CA-027837 (N.L.R.B. Aug. 17, 2010)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
FORTUNA ENTERPRISES, L.P.
A DELAWARE LIMITED PARTNERSHIP
d/b/a THE LOS ANGELES AIRPORT
HILTON HOTEL AND TOWERS
and Cases 31-CA-27837
31-CA-27954
UNITE HERE, LOCAL 11 31-CA-28011
ORDER
On April 30, 2009, the two sitting members of the
Board issued a Decision and Order Remanding in this
proceeding, which is reported at 354 NLRB No.17 and, on
October 29, 2009 they issued a Supplemental Decision and
Order in this proceeding, which is reported at 354 NLRB
No.95.1 Thereafter, the Respondent filed petitions for
review in the United States Court of Appeals for the
District of Columbia, and the General Counsel filed cross-
applications for enforcement. Thereafter, the court
ordered that the review/enforcement proceedings be held in

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.
abeyance, and the records in these cases were 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
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 Remanding and
Supplemental Decision and Order.2 The Board will retain
these cases on its docket and take further action as
appropriate.
By Direction of the Board:
_______________________
Lester A. Heltzer
Executive Secretary

2 Section 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).