Summary
holding that a “two-member NLRB group that issued the order in this case lacked statutory authority to act ”
Summary of this case from Nat'l Labor Relations Bd. v. New Vista Nursing & Rehab.Opinion
Nos. 08-9568, 08-9577.
October 29, 2010.
Steven R. Hickman, Frasier, Frasier Hickman, Tulsa, OK, for Petitioner.
Linda Dreeben, Robert James Englehart, David Arthur Fleischer, National Labor Relations Board, Washington, DC, Michael Werner, Overland Park, KS, for Respondent.
John Scully, National Right to Work Foundation, Springfield, VA, for Intervener.
Before TACHA, HOLLOWAY, and KELLY, Circuit Judges.
OPINION ON REMAND FROM THE UNITED STATES SUPREME COURT
On remand from the United States Supreme Court's opinion in Teamsters Local Union Number 523 v. N.L.R.B., ___ U.S. ___, 131 S.Ct. 109, ___ L.Ed.2d ___, 2010 WL 1990005 (2010), we hold that the two-member NLRB group that issued the order in this case lacked statutory authority to act. New Process Steel, L.P. v. N.L.R.B., ___ U.S. ___, 130 S.Ct. 2635, 2640, 177 L.Ed.2d 162 (2010). Therefore, we VACATE the Board's order and REMAND to the Board for further proceedings. We GRANT Respondent/Cross-Petitioner's motion for remand.