Mon River Towing Inc.

National Labor Relations Board - Unpublished Board Decisions

Dec 17, 2009

06-RC-012695 (N.L.R.B. Dec. 17, 2009)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
MON RIVER TOWING, INC.
Employer
and Case 6-RC-12695
UNITED MINE WORKERS OF AMERICA,
REGION 1, AFL-CIO, CLC
Petitioner
ORDER
The Employer's Request for Review of the Regional Director's Decision and
Direction of Election is denied as it raises no substantial issues warranting review.
WILMA B. LIEBMAN, CHAIRMAN
PETER C. SCHAUMBER, MEMBER
Dated, Washington, D.C., December 17,2009.
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 Board's powers in
anticipation of the expiration of the terms of Members Kirsanow and Walsh on December 31, 2007.
Pursuant to this delegation, Chairman Liebman and Member Schaumber constitute a quorum of the three-
member group. As a quorum, they have the authority to issue decisions and orders in unfair labor practice
and representation cases. See Sec. 3(b) of the Act. See Snell IslandSNFLLC v. NLRB, 568 F.3d 410 (2d
Cir. 2009), petition for cert. filed, 78 U.S.L.W. 3130 (U.S. Sept. 11, 2009) (No. 09-328); Neiv Process Steel
v. NLRB, 564 F.3d 840 (7th Cir. 2009), cert. granted, _S.Ct._, 2009 WL 1468482 (U.S. Nov. 2, 2009);
Northeastern LandServices v. NLRB, 560 F.3d 36 (1 st Cir. 2009), petition for cert. filed, 78 U.S.L.W. 3098
(U.S. Aug. 18, 2009) (No. 09-213). But see Laurel Baye Healthcare of Lake Lanier, Inc. v. NLRB, 564
F.3d 469 (D.C. Cir. 2009), petition for cert. filed, 78 U.S.L.W. 3185 (U.S. Sept. 29, 2009) (No. 09-377).
In denying review of the Regional Director's determination to vote the laid off employees subject to
challenge, we note that the issue is effectively moot given that the ballots have already been mailed.