Talmadge Park

National Labor Relations Board - Unpublished Board Decisions

Aug 25, 2010

34-CA-012209 (N.L.R.B. Aug. 25, 2010)

LSP
East Haveni CT
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
TALMADGE PARK
and Case 34-CA-12209
NEW ENGLAND HEALTH CARE
EMPLOYEES UNION, DISTRICT
1199, SEIU
DECISION AND ORDER
On May 27, 2009, the two sitting members of the Board
issued an unpublished Decision and Order which approved and
adopted the parties' Formal Settlement Stipulation,
providing for a consent order by the Board and the
automatic entry of a consent judgment by any appropriate
United States Court of Appeals.' Thereafter, the General
Counsel filed an application for enforcement in the United
States Court of Appeals for the Second Circuit. On June
I Effective midnight December 28, 2007, members Liebman,
Schaumber, Kirsanow, and Walsh delegated to members
Liebman, Schaurnber, 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.
17, 2010, the United States Supreme Court issued its
decision in New Process SLeel, 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 Supreme Court's
decision.
The National Labor Relations Board has delegated its
2authority in this proceeding to a three-member panel .
The Board has considered the parties' Formal Settlement
Stipulation and has decided to approve it and to adopt the
findings of fact and order set forth in the May 27, 2009
unpublished decision which is incorporated herein by
reference.
Dated, Washington, D.C-, Auqust 25, 2010
Wilma B. Liebman, Chairman
Peter C. Schaumber, Member
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 members who
participated in the original decision. Furthermoreunder
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.
Mark Gaston Pearce, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
3