NewYork-Presbyterian Brooklyn Methodist Hospital

National Labor Relations Board - Unpublished Board Decisions

Apr 20, 2020

29-CA-247813 (N.L.R.B. Apr. 20, 2020)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
NEW YORK-PRESBYTERIAN BROOKLYN
METHODIST HOSPITAL
and Case 29-CA-247813
NEW YORK STATE NURSES ASSOCIATION
ORDER1
The Respondent’s Motion to Dismiss the Complaint is denied. The Respondent
has not demonstrated that the complaint fails to state a claim upon which relief can be
granted and that it is entitled to judgment as a matter of law.
Dated, Washington, D.C., April 20, 2020.
JOHN F. RING, CHAIRMAN
WILLIAM J. EMANUEL, MEMBER
1 Member Kaplan is a member of the panel for quorum purposes only and did not
participate in the adjudication of this matter.
In New Process Steel v. NLRB, 130 S.Ct . 2635 (2010), the Supreme Court left
undisturbed the Board’s practice of deciding cases with a two-member quorum when
one of the panel members has recused himself. Under the Court’s reading of the Act,
“the group quorum provision [of Sec. 3(b)] still operates to allow any panel to issue a
decision by only two members if one member is disqualified.” New Process Steel, 130
S. Ct. at 2644. See also, e.g., D.R. Horton, 357 NLRB 2277, 2277 n.1 (2012), enfd. in
relevant part, 737 F.3d 344, 353 (5th Cir. 2013); 1621 Route 22 West Operating
Company, 357 NLRB 1866, 1866 n.1 (2011), enfd. 725 Fed. Appx. 129, 136 n.7 (3d Cir.
2018).