Planned Building Services

National Labor Relations Board - Board Decisions

Aug 27, 2010

355 N.L.R.B. 721 (N.L.R.B. 2010)

AM PROPERTY HOLDING CORP.
355 NLRB No. 151
721
AM Property Holding Corp., Maiden 80/90 NY LLC
and Media Technology Centers, LLC, a single
employer, a joint employer with Planned Build-
ing Services, Inc. and Local 32BJ, Service Em-
ployees International Union and United Work-
ers of America (Party in Interest)

AM Property Holding Corp., Maiden 80/90 NY LLC,
and Media Technology Centers, LLC, a single
employer, a joint employer with Servco Indus-
tries, Inc. and Local 32BJ, Service Employees
International Union. Cases 2–CA–33146–1, 2–
CA–33308–1, 2–CA–33558–1, 2–CA–33864–1,
and 2–CA–34018–1
August 27, 2010
DECISION AND ORDER
BY CHAIRMAN LIEBMAN AND MEMBERS SCHAUMBER
AND HAYES
On March 27, 2008, the two sitting members of the
Board issued an Order Granting Motion For Reconsid-
eration, which is reported at 352 NLRB 279, that recon-
sidered certain issues decided by the Board’s Decision
and Order, in this proceeding, which is reported at 350
NLRB 998 (2007).1 Thereafter, the Charging Party filed

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
a petition for review in the United States Court of Ap-
peals for the Second Circuit. 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. Thereafter, the
court of appeals remanded this case for further proceed-
ings consistent with the Supreme Court’s decision.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.2
The Board has considered the Order Granting Motion
for Reconsideration in light of the Motions for Reconsid-
eration filed by the General Counsel and the Charging
Party and has decided to affirm the findings and conclu-
sions and to adopt the recommended Order to the extent
and for the reasons stated in the decision reported at 352
NLRB 279, which is incorporated by reference.

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 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. Member Becker is
recused and did not participate in the consideration of this case.