St. George Warehouse

National Labor Relations Board - Board Decisions

Aug 10, 2010

355 N.L.R.B. 474 (N.L.R.B. 2010)

DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
355 NLRB No. 81
474
St. George Warehouse and Merchandise Drivers Lo-
cal No. 641, International Brotherhood of Team-
sters. Cases 22–CA–23223, 22–CA–23259, and
22–CA–23270
August 10, 2010
SECOND SUPPLEMENTAL DECISION AND ORDER
BY CHAIRMAN LIEBMAN AND MEMBERS SCHAUMBER
AND BECKER
On November 17, 2008, the two sitting members of the
Board issued a Second Supplemental Decision and Order
in this proceeding, which is reported at 353 NLRB 497.1
Thereafter, the Respondent filed a petition for review in
the United States Court of Appeals for the Third Circuit,
and the General Counsel filed a cross-application for
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

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.
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
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-
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 497, which is incorporated herein by reference.3

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.
3 In incorporating the prior decision, Member Becker notes that no
exceptions were filed to the judge's application of the job search re-
quirements set forth in Grosvenor Resort, 350 NLRB 1197 (2007), or
his finding that Sides satisfied them. See 353 NLRB at 497 fn. 2. In
addition, Member Becker notes that, like then-Chairman Schaumber, he
does not rely on the judge's articulated "assumptions" in adopting the
judge's findings. Id.