Ralphs Grocery Company

National Labor Relations Board - Board Decisions

Sep 30, 2010

355 N.L.R.B. 1279 (N.L.R.B. 2010)

RALPHS GROCERY CO.
355 NLRB No. 210
1279
Ralphs Grocery Company and United Food and
Commercial Workers Union, Local No. 135,1
Local No. 324, Local Union 770, Local Union
1036, Local Union 1167, Local Union 1428, and
Local Union 1442. Cases 31–CA–27160, 31–CA–
27475, and 31–CA–27685
September 30, 2010
DECISION AND ORDER
BY CHAIRMAN LIEBMAN AND MEMBERS PEARCE
AND HAYES
On February 19, 2008, the two sitting members of the
Board issued a Decision and Order in this proceeding,
which is reported at 352 NLRB 128.2 Thereafter, the
Charging Parties filed a petition for review in the United
States Court of Appeals for the Ninth Circuit, and the

1 Local 135 was a charging party in Cases. 31–CA–27160 and 31–
CA–27685, but was not a charging party in Case 31–CA–27475.
2 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 sitting members issued
decisions and orders in unfair labor practice and representation cases.
General Counsel filed an application for enforcement.
On June 17, 2010, the United States Supreme Court is-
sued 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. Thereafter, the court of appeals remanded
this case for further proceedings consistent with the Su-
preme Court’s decision.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.3
The Board has considered the judge’s decision and the
record in light of the exceptions and briefs and has de-
cided to affirm the judge’s rulings, findings, and conclu-
sions and to adopt the recommended Order to the extent
and for the reasons stated in the decision reported at 352
NLRB 128 (2008), which is incorporated herein by ref-
erence.

3 Consistent with the Board’s general practice in cases remanded
from the courts of appeals, and for reasons of administrative economy,
the panel includes the members who participated in the original deci-
sion. Furthermore, under the Board’s standard procedures applicable to
all cases assigned to a panel, the Board Members not assigned to the
panel had the opportunity to participate in the adjudication of this case
at any time up to the issuance of this decision.