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Galicks Inc. v. N. L. R. B

United States Court of Appeals, Sixth Circuit
Jun 24, 2010
383 F. App'x 516 (6th Cir. 2010)

Opinion

Nos. 09-1972, 09-2441.

June 24, 2010.

On Appeal for Enforcement of an Order of the National Labor Relations Board.

Before: MARTIN and GRIFFIN, Circuit Judges; DUGGAN, District Judge.

The Honorable Patrick J. Duggan, United States District Judge for the Eastern District of Michigan, sitting by designation.


This matter was submitted to the panel on briefs on March 30, 2010, with arguments addressing the merits of the underlying order of the National Labor Relations Board ("the Board"). On June 17, 2010, however, the United States Supreme Court issued its decision in New Process Steel, L.P. v. NLRB, ___ U.S. ___, 130 S.Ct. 2635, 177 L.Ed.2d 162 (2010), holding that the Board lacks authorization to act when it has fewer than three current members. There is no dispute that the underlying order in this case was issued at a time when there were only two members on the Board. In light of the Supreme Court's decision in New Process Steel, we sua sponte REMAND for proceedings consistent with that opinion.

A member of the Board's General Counsel contacted the Clerk's Office on June 21, 2010, indicating the Board's intent to file motions to remand in all cases pending before the Court affected by the New Process Steel decision, including this one. The motion, however, has not yet been filed.


Summaries of

Galicks Inc. v. N. L. R. B

United States Court of Appeals, Sixth Circuit
Jun 24, 2010
383 F. App'x 516 (6th Cir. 2010)
Case details for

Galicks Inc. v. N. L. R. B

Case Details

Full title:GALICKS, INC., Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS…

Court:United States Court of Appeals, Sixth Circuit

Date published: Jun 24, 2010

Citations

383 F. App'x 516 (6th Cir. 2010)

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