Teamsters Local Union No. 523 v. National Labor Relations Board

Tenth Circuit

Teamsters Local Union No. 523 v. National Labor Relations Board

624 F.3d 1321, 193 L.R.R.M. (BNA) 3091, 2010 U.S. App. LEXIS 22662

Court of Appeals for the Tenth Circuit·Decided October 29, 2010·No. Nos. 08-9568, 08-9577·Published·Cited by 2 cases

Opinion

OPINION ON REMAND FROM THE UNITED STATES SUPREME COURT

TACHA, Circuit Judge.

On remand from the United States Supreme Court’s opinion in Teamsters Local Union Number 523 v. N.L.R.B., — U.S. -, 131 S.Ct. 109, - L.Ed.2d -, 2010 WL 1990005 (2010), we hold that the two-member NLRB group that issued the order in this case lacked statutory authority to act. New Process Steel, L.P. v. N.L.R.B., — U.S. -, 130 S.Ct. 2635, 2640, 177 L.Ed.2d 162 (2010). Therefore, we VACATE the Board’s order and REMAND to the Board for further proceedings. We GRANT Respondent/Cross-Petitioner’s motion for remand.

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OPINION ON REMAND FROM THE UNITED STATES SUPREME COURT

TACHA, Circuit Judge.

On remand from the United States Supreme Court’s opinion in Teamsters Local Union Number 523 v. N.L.R.B., — U.S. -, 131 S.Ct. 109, - L.Ed.2d -, 2010 WL 1990005 (2010), we hold that the two-member NLRB group that issued the order in this case lacked statutory authority to act. New Process Steel, L.P. v. N.L.R.B., — U.S. -, 130 S.Ct. 2635, 2640, 177 L.Ed.2d 162 (2010). Therefore, we VACATE the Board’s order and REMAND to the Board for further proceedings. We GRANT Respondent/Cross-Petitioner’s motion for remand.

Teamsters Local Union No. 523 v. National Labor Relations Board, 624 F.3d 1321, 193 L.R.R.M. (BNA) 3091, 2010 U.S. App. LEXIS 22662 (10th Cir. 2010).

Pincite

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Opinion

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