Teamsters Local Union No. 523 v. NLRB

Tenth Circuit

Teamsters Local Union No. 523 v. NLRB

590 F.3d 849

CourtCourt of Appeals for the Tenth Circuit

DecidedOctober 29, 2010

Docket08-9568

StatusPublished

Cited by7 cases

This text of 590 F.3d 849 (Teamsters Local Union No. 523 v. NLRB) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Teamsters Local Union No. 523 v. NLRB, 590 F.3d 849 (10th Cir. 2010).

Pincite

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.

-2-

Free access — add to your briefcase to read the full text and ask questions with AI