Trump Marina Associates, LLC d/b/a Trump Marina Hotel Casino

National Labor Relations Board - Board Decisions

Aug 17, 2010

04-CA-036528 (N.L.R.B. Aug. 17, 2010)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
TRUMP MARINA ASSOCIATES, LLC
d/b/a TRUMP MARINA CASINO RESORT
and Case 4-CA-36528
INTERNATIONAL UNION, UNITED
AUTOMOBILE, AEROSPACE AND
AGRICULTURAL IMPLEMENT WORKERS
OF AMERICA, UAW
ORDER
On December 31, 2009, the two sitting members of the Board
issued a Decision and order in this proceeding, which is
reported at 354 NLRB No. 123.1 Thereafter, the Respondent filed
a petition for review in the United States Court of Appeals for
the District of Columbia, and the General Counsel filed a cross-
application for enforcement. Thereafter the court ordered that
the review/enforcement proceedings be held in abeyance, and the
record in this case was not filed with the court.
on June 17, 2010, the United States Supreme Court issued
its decision in ATew Process Steel, L.P. v, NLRB, 130 S.Ct. 2635,
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.
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.
Accordingly, in view of the Court's decision in New Process
Steel, L.P., pursuant to Section 10(d) of the National Labor
Relations Act, the Board hereby sets aside the above-referenced
2Decision and Order. The Board will retain this case on its
docket and take further action as appropriate.
By Direction of the Board:
Les r A. Heltzer,/
Exe utive Secretary
2 Section 10(d) states "[u]ntil the record in a case shall have
been filed in a court, as hereinafter provided, the Board may at
any time, upon reasonable notice and in such manner as it shall
deem proper, modify or set aside, in whole or in part, any
finding or order made or issued by it.,, See also In re NLRB,
304 U.S. 486 (1938).
2