County Waste of Ulster, LLC v. National Labor Relations Board

385 F. App'x 11

• Court: Court of Appeals for the Second Circuit
• Decided: July 1, 2010
• Docket: 09-1038-ag(L), 09-1646-ag(XAP)
• Status: Unpublished

Opinion

SUMMARY ORDER

Petitioner County Waste of Ulster, LLC petitions for review of the February 11, 2009 decision of the National Labor Relations Board (“NLRB”) that County Waste violated section 8(a)(2) of the National Labor Relations Act, 29 U.S.C. § 158(a)(2). Respondent NLRB cross-applies for enforcement of the NLRB order. We assume the parties’ familiarity with the facts and procedural history of the case.

The NLRB decision at issue in this case was issued by a two-member panel at a time when the NLRB had only two members. On June 17, 2010, the Supreme Court held that a delegee group of the NLRB could not continue to exercise its delegated authority once the group’s and the NLRB’s membership fell to two, New Process Steel, L.P. v. NLRB, 560 U.S. -, 130 S.Ct. 2635, 2644-45, 177 L.Ed.2d 162 (2010), abrogating this Court’s decision in Snell Island SNF LLC v. NLRB, 568 F.3d 410 (2d Cir.2009). See NLRB v. Tal- madge Park, 608 F.3d 913, 913 (2d Cir.2010). Accordingly, the two-member panel of the NLRB did not have the authority to enter a decision and order in this case.

For the foregoing reason, County Waste’s petition for review of the NLRB’s decision and order is hereby GRANTED, the cross-application for enforcement is DENIED, the decision and order of the NLRB are VACATED, and the case is REMANDED for further proceedings.