KSM Industries, Incorporated

National Labor Relations Board - Board Decisions

Sep 30, 2010

355 N.L.R.B. 1344 (N.L.R.B. 2010)

DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
355 NLRB No. 220
1344
KSM Industries, Inc. and United Steel, Paper, For-
estry, Rubber, Manufacturing, Energy, Allied
Industrial and Service Workers International
Union, Local 2-779, AFL–CIO. Cases 30–CA–
13762, 30–CA–14008, and 30–CA–14101
September 30, 2010
SECOND SUPPLEMENTAL DECISION AND ORDER
BY CHAIRMAN LIEBMAN AND MEMBERS BECKER
AND PEARCE
On March 26, 2009, the two sitting members of the
Board issued a Supplemental Decision and Order in this
proceeding, which is reported at 353 NLRB 1124.1
Thereafter, the Respondent filed a petition for review in
the United States Court of Appeals for the D.C. Circuit
and the General Counsel filed a cross-application for

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.
enforcement. On June 17, 2010, the United States Su-
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 court of appeals
vacated the Board’s decision and remanded.
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 353
NLRB 1124 (2009), 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 remaining member who participated in the origi-
nal decision. 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 adjudica-
tion of this case at any time up to the issuance of this decision.