Raymond Interior Systems

National Labor Relations Board - Board Decisions

Sep 30, 2010

355 N.L.R.B. 1278 (N.L.R.B. 2010)

DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
355 NLRB No. 209
1278
Raymond Interior Systems and Southern California
Painters and Allied Trades District Council No.
36, International Union of Painters and Allied
Trades, AFL-CIO

United Brotherhood of Carpenters and Joiners of
America, Local Union 1506 and Southern Cali-
fornia Painters and Allied Trades District Coun-
cil No. 36, International Union of Painters and
Allied Trades, AFL-CIO and Southwest Re-
gional Council of Carpenters, United Brother-
hood of Carpenters and Joiners of America.
Party in Interest. Cases 21–CA–37649 and 21–
CB–14259
September 30, 2010
DECISION AND ORDER
BY CHAIRMAN LIEBMAN AND MEMBERS BECKER
AND PEARCE
On September 30, 2009, the two sitting members of
the Board issued a Decision and Order in this proceed-
ing, which is reported at 354 NLRB 757.1 Thereafter,
Respondent Raymond Interior Systems, Respondent Car-
penters Local Union 1506, and Charging Party Painters
District Council No. 36 each filed a petition for review in
the United States Court of Appeals for the Ninth Circuit.
The General Counsel filed a cross-application

1 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.
for enforcement. 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 author-
ity of the Board, a delegee group of at least three mem-
bers must be maintained. Thereafter, the court of appeals
remanded this case for further proceedings consistent
with the Supreme Court’s decision.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.2
The Board has considered the judge’s decision and the
record in light of the exceptions, cross-exceptions, and
briefs and has decided to affirm the judge’s rulings, find-
ings, and conclusions and to adopt the recommended
Order to the extent and for the reasons stated in the deci-
sion reported at 354 NLRB 757 (2009), which is incorpo-
rated herein by reference.3

2 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 remaining member who participated in the origi-
nal decision. 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 adjudica-
tion of this case at any time up to the issuance of this decision.
3 Member Becker concurs in the result.