Southern Power Company

National Labor Relations Board - Board Decisions

Nov 30, 2010

356 N.L.R.B. 201 (N.L.R.B. 2010)

SOUTHERN POWER CO. 201
Southern Power Company and International Broth-
erhood of Electrical Workers Local Union 84,
International Brotherhood of Electrical Work-
ers, System Council U 19 on behalf of Local
801–1 and Southern Company Services. Cases
10–CA–37348 and 10–CA–37414
November 30, 2010
DECISION AND ORDER
BY CHAIRMAN LIEBMAN AND MEMBERS BECKER
AND PEARCE
On March 20, 2009, the two sitting members of the
Board issued a Decision and Order in this proceeding,
which is reported at 353 NLRB 1085.1 Thereafter, the
Respondent filed a petition for review in the United
States Court of Appeals for the District of Columbia Cir-
cuit, and the General Counsel filed a cross-application
for enforcement. 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 authori-
ty of the Board, a delegee group of at least three mem-
bers must be maintained. Thereafter, the court of appeals
remanded this case for further proceedings 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 judge’s decision and the
record in light of the exceptions and briefs and has de-
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.
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.
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 1085 (2009), which is incorporated herein by ref-
erence, except as modified below.3
ORDER
The National Labor Relations Board adopts the rec-
ommended Order of the administrative law judge as
modified below, and orders that the Respondent, South-
ern Power Company, Atlanta, Georgia, its officers,
agents, successors, and assigns, shall take the action set
forth in the recommended Order as modified.
Substitute the following for paragraph 2(b).
“(b) Within 14 days after service by the Region, post at
its facility at Plants Harris, Dahlberg, Franklin, and
Wansley copies of the attached notice marked “Appen-
dix.”6 Copies of the notice, on forms provided by the
Regional Director for Region 10, after being signed by
the Respondent’s authorized representative, shall be
posted by the Respondent and maintained for 60 consec-
utive days in conspicuous places including all places
where notices to employees are customarily posted. In
addition to physical posting of paper notices, notices
shall be distributed electronically, such as by email, post-
ing on an intranet or an internet site, and/or other elec-
tronic means, if the Respondent customarily communi-
cates with its employees by such means. Reasonable
steps shall be taken by the Respondent to ensure that the
notices are not altered, defaced, or covered by any other
material. In the event that, during the pendency of these
proceedings, the Respondent has gone out of business or
closed the facility involved in these proceedings, the Re-
spondent shall duplicate and mail, at its own expense, a
copy of the notice to all current employees and former
employees employed by the Respondent at any time
since January 15, 2008.”

3 We shall modify the judge’s recommended Order to provide for the
posting of the notices in accord with J. Picini Flooring, 356 NLRB 11
(2010).

356 NLRB No. 43