Kentucky River Medical Center

National Labor Relations Board - Board Decisions

Aug 24, 2010

355 N.L.R.B. 594 (N.L.R.B. 2010)

DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
355 NLRB No. 114
594
Jackson Hospital Corporation d/b/a Kentucky River
Medical Center and United Steelworkers of
America and Anita Turner. Cases 9–CA–37734,
9–CA–37796, 9–CA–37795–1, –2, 9–CA–37875,
9–CA–38084–1, –2, 9–CA–38237, and 9–CA–
38468
August 24, 2010
SUPPLEMENTAL DECISION AND ORDER
BY CHAIRMAN LIEBMAN AND MEMBERS SCHAUMBER
AND PEARCE
On July 9, 2009, the two sitting members of the Board
issued a Supplemental Decision and Order in this pro-
ceeding, which is reported at 354 NLRB No. 42.1 There-
after, the Respondent filed a petition for review in the
United States Court of Appeals for the District of Co-
lumbia Circuit. On June 17, 2010, the United States Su-

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.
preme 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 author-
ity of the Board, a delegee group of at least three mem-
bers must be maintained. Thereafter, the Board issued an
order setting aside the above-referenced supplemental
decision and order, and retained this case on its docket
for further action as appropriate.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.2
The Board has considered the judge’s decision and the
record in light of the exceptions and briefs and has de-
cided to affirm the judge’s rulings, findings, and conclu-
sions and to adopt the recommended Order to the extent
and for the reasons stated in the decision reported at 354
NLRB No. 42, which has been set aside and which is
incorporated by reference.

2 Consistent with the Board’s general practice in cases remanded
from the courts of appeals, and for reasons of administrative economy,
the panel includes the members who participated in the original deci-
sion. Furthermore, under the Board’s standard procedures applicable to
all cases assigned to a panel, the Board Members not assigned to the
panel had the opportunity to participate in the adjudication of this case
at any time up to the issuance of this decision.