United Brotherhood of Carpenters and Joiners of America, Local 43 and New England Regional Council o

National Labor Relations Board - Board Decisions

Aug 17, 2010

34-CB-003047 (N.L.R.B. Aug. 17, 2010)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
UNITED BROTHERHOOD OF
CARPENTERS, LOCAL 43 and NEW
ENGLAND REGIONAL COUNCIL OF
CARPENTERS (McDowell Building &
Foundation, Inc.)
and Case 34-CB-3047
KEVIN LEBOVITZ, an Individual
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 122.1 Thereafter, Respondent-
Carpenters Local 43 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
enforcement. Thereafter, the court ordered that the review
and enforcement proceedings be held in abeyance, and the
record in this case was not filed with the court.

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
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.
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 Decision and Order.2 The Board will
retain this case on its docket and take further action as
appropriate.
By Direction of the Board:
_______________________
Lester A. Heltzer
Executive 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).