NLRB v. Whitesell Corporation, No. 08-3291 (8th Cir. 2010)
Annotate this CaseCourt Description: Petition for Enforcement - NLRB. In accordance with New Process Steel, LP v. NLRB, NLRB's petition for enforcement is denied.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 08-3291 __________ National Labor Relations Board, * * Petitioner, * * Allied Workers International Union; * Local No. 74B Glass, Molders * Pottery, Plastics, * On Application for * Enforcement of an Order of the Interveners, * National Labor Relations Board. * v. * [UNPUBLISHED] * Whitesell Corporation, * * Respondent. * ___________ Submitted: June 9, 2009 Filed: June 25, 2010 ___________ Before SMITH and SHEPHERD, Circuit Judges, and LIMBAUGH,1 District Judge. PER CURIAM. The National Labor Relations Board ( NLRB or the Board ) has applied for enforcement of its order finding that Whitesell Corporation ( Whitesell ) violated 1 The Honorable Stephen N. Limbaugh, Jr., United States District Judge for the Eastern District of Missouri, sitting by designation. various provisions of the National Labor Relations Act ( NLRA ), 29 U.S.C. §§ 15169, while negotiating a new collective-bargaining agreement with the Glass, Molders, Pottery, Plastics, and Allied Workers International Union, AFL-CIO. The Board s order was entered by two members of a three-member group to which the Board delegated all its powers in December 2007 pursuant to section 3(b) of the NLRA, 29 U.S.C. § 153(b). When the order was entered on August 29, 2008, the five-member Board had only two members. In New Process Steel, L.P. v. NLRB, 560 U.S. ___, 2010 WL 2400089 (June 17, 2010), the Supreme Court held that a two-member group may not exercise delegated authority when the total Board membership falls below three because the delegation clause [in section 3(b)] requires that a delegee group maintain a membership of three in order to exercise the delegated authority of the Board. Id. at *8. Accordingly, we deny the NLRB s application for enforcement. ___________________________ -2-
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