Teamsters Local Union No. 523 v. NLRB
Opinion
FILED United States Court of Appeals Tenth Circuit
October 29, 2010 PUBLISH Elisabeth A. Shumaker Clerk of Court UNITED STATES COURT OF APPEALS
TENTH CIRCUIT
TEAMSTERS LOCAL UNION NO. 523, affiliated with the International Brotherhood of Teamsters,
Petitioner,
v. Nos. 08-9568, 08-9577 (Ag. Nos. 17-CA-23404 & 17-CB-6146) NATIONAL LABOR RELATIONS BOARD,
Respondent, ______________________________
KIRK RAMMAGE,
Intervenor.
OPINION ON REMAND FROM THE UNITED STATES SUPREME COURT
Before TACHA, HOLLOWAY, and KELLY, Circuit Judges.
TACHA, Circuit Judge.
On remand from the United States Supreme Court’s opinion in Teamsters
Local Union Number 523 v. N.L.R.B., — S.Ct. —, 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., 130 S.Ct. 2635,
2640 (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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