FRED MEYER STORES, INC.

National Labor Relations Board - Board Decisions

Aug 17, 2010

19-CA-032311 (N.L.R.B. Aug. 17, 2010)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
FRED MEYER STORES, INC.
and Case 19-CA-32311
UNITED FOOD AND COMMERCIAL
WORKERS LOCAL 367, affiliated
with UNITED FOOD AND COMMERCIAL
WORKERS INTERNATIONAL UNION
ORDER
On May 7, 2010, the Board issued a Decision and Order
in this proceeding, which is reported at 355 NLRB No. 30.1
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 proceedings be held in abeyance, and the record in
this case was not filed with the court.

1 On June 11, 2009, the two sitting members of the Board
issued an Order denying the Respondent’s request for review
in Case 19-RC-15194. 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
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.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 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).