Mountaineer Grading Co.

National Labor Relations Board - Unpublished Board Decisions

Sep 23, 2009

09-CA-044931 (N.L.R.B. Sep. 23, 2009)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
MOUNTAINEER GRADING CO.
and Case 9-CA-44931
INTERNATIONAL UNION OF OPERATING
ENGINEERS, LOCAL NO. 132, AFL-CIO
ORDER'
The General Counsel's motion for summary judgment is denied. The General
Counsel has failed to establish that there are no material issues of fact and that it is
entitled to judgment as a matter of law.
Dated, Washington, D.C., September 23, 2009
WILMA B. LIEBMAN, CHAIRMAN
PETER C. SCHAUMBER, MEMBER
'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 Island SNF LLC v.
NLRB, 568 F.3d 410 (2d Cir. 2009), petition for cert. filed U.S.L.W. (U.S.
September 11, 2009) (No. 09-328); New Process Steel v. NLRB, 564 F.3d 840 (7th Cir.
2009), petition for cert. filed 77 U.S.L.W. 3670 (U.S. May 22, 2009) (No. 08-1457);
Northeastern Land Services v. NLRB, 560 F.3d 36 (1st Cir. 2009), petition for cert. filed
78 U.S.L.W, 3098 (U.S. August 18, 2009) (No. 09-213). But see Laurel Baye
Healthcare of Lake Lanier, Inc. v. NLRB, 564 F.3d 469 (D.C. Cir, 2009), petitions for
rehearing denied Nos. 08-1162, 08-1214 (July 1,2009).