AKAL Security, Inc.

National Labor Relations Board - Board Decisions

Aug 17, 2010

19-CA-030891 (N.L.R.B. Aug. 17, 2010)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
AKAL SECURITY, INC.
and Cases 19-CA-30891
19-CA-30892
UNITED GOVERNMENT SECURITY 19-CA-30950
OFFICERS OF AMERICA, LOCAL 118
ORDER
On April 30, 2009, the two sifting members of the Board issued a Decision
and Order in this proceeding, which is reported at 354 NLRB No. 11.1
Thereafter, the Charging Party filed a petition for review in the United States
Court of Appeals for the District of Columbia Circuit. Thereafter, the court
ordered that the review proceedings be held in abeyance, and the record in this
case was not filed with the court.
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 1 0(d) of the National Labor Relations Act, the Board hereby
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 sifting members issued decisions and orders in unfair labor
practice and representation cases.
2sets aside the above- refe re nced Decision and Order. The Board will retain this
case on its docket and take further action as appropriate.
By Direction of the Board:
61
Lester/ A. Heltzer
Executive Secretary
2 Section 1 0(d) states "[ulntil 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).
2