New Process Steel, LP

DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 355 NLRB No. 108 586 New Process Steel, LP and International Association of Machinists and Aerospace Workers, AFL– CIO. Case 25–CA–30470 August 23, 2010 DECISION AND ORDER BY CHAIRMAN LIEBMAN AND MEMBERS SCHAUMBER AND PEARCE On September 25, 2008, the two sitting members of the Board issued a Decision and Order, which is reported at 353 NLRB 111.1 Thereafter, following the Respon- dent’s petition for review in the United States Court of Appeals for the Seventh Circuit, and the General Coun- sel’s cross-application for enforcement, the Seventh Cir- cuit enforced the Board’s Order.2 However, on June 17, 1 Effective midnight December 28, 2007, Members Liebman, Schaumber, Kirsanow, and Walsh delegated to Members Liebman, Schaumber, 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. 2 The Court order enforced the Board decision in case 353 NLRB 111, as well as the Board’s September 30, 2008 Decision and Order, reported at 353 NLRB 254. 2010, the United States Supreme Court issued its deci- sion in this proceeding 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. New Process Steel, L.P. v. NLRB, 130 S.Ct 2635. 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 authority in this proceeding to a three-member panel.3 The Board has considered the judge’s decision and the record in light of the exceptions and briefs and has de- cided to affirm the judge’s rulings, findings, and conclu- sions and to adopt the recommended Order to the extent and for the reasons stated in the decision reported at 353 NLRB 111, which is incorporated herein by reference. 3 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 deci- sion. Furthermore, under 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.