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Teamsters Local Union No. 523 v. N.L.R.B

United States Court of Appeals, Tenth Circuit
Oct 29, 2010
624 F.3d 1321 (10th Cir. 2010)

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.


Summaries of

Teamsters Local Union No. 523 v. N.L.R.B

United States Court of Appeals, Tenth Circuit
Oct 29, 2010
624 F.3d 1321 (10th Cir. 2010)

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.
Case details for

Teamsters Local Union No. 523 v. N.L.R.B

Case Details

Full title:TEAMSTERS LOCAL UNION NO. 523, affiliated with the International…

Court:United States Court of Appeals, Tenth Circuit

Date published: Oct 29, 2010

Citations

624 F.3d 1321 (10th Cir. 2010)

Citing Cases

Nat'l Labor Relations Bd. v. New Vista Nursing & Rehab.

This Court has previously explained that “the overall authority of the Board to hear [a] case under the NLRA”…