National Labor Relations Board v. County Waste of Ulster, LLC, No. 10-3359 (2d Cir. 2012)Annotate this Case
The Board petitioned to enforce its August 2010 decision and order, concluding that County Waste violated section 8(a)(2) of the National Labor Relations Act, 29 U.S.C. 158(a)(2), by allowing Local 124 to distribute a bonus to employees when an election was pending. County Waste cross-petitioned for review of the August 2010 decision, contending that the decision could not be enforced since two of the Board members who entered it also sat on the panel that issued an earlier decision in this case, which was vacated by the court pursuant to New Process Steel. The court held that because the court found nothing in New Process Steel that precluded Board members who entered a subsequently vacated decision from participating on the panel that reviewed the case on remand, the court granted the Board and Local 108's petition to enforce the August 2010 decision and denied County Waste's cross-petition for review.