Southern Power Co. v. NLRB, No. 10-1410 (D.C. Cir. 2012)
Annotate this CaseThis case arose when Southern Power terminated its service agreement with Georgia Power, represented by Local 84, and Alabama Power, represented by Local 801-1, taking over four electricity generating plants' operations. Local 84 and Local 801-1 requested recognition, contending that Southern Power qualified as a successor employer to Georgia Power and Alabama Power. After a hearing, an ALJ found that Southern Power violated sections 8(a)(1) and (5) of the National Labor Relations Act (NLRA), 29 U.S.C. 151 et seq., ordering it to recognize and bargain with the unions. The ALJ also found that the three-plant bargaining unit represented by Local 84 was inappropriate. On March 20, 2009, the Board, acting with only two sitting members, issued an order affirming the ALJ's findings but found, however, that the Georgia Power three-plant bargaining unit was proper given the unit's bargaining history. Southern Power petitioned for review and the court remanded in light of New Process Steel, which required at least three members to exercise the Board's authority. On November 30, 2010, a three-member panel of the Board affirmed the ALJ's decision and adopted the recommended Order. Southern Power subsequently petitioned for review of the Board's November 30 Order. The court held that it lacked jurisdiction to consider two of Southern Power's arguments, another was time-barred, and two others failed on the merits. Accordingly, the court denied the petition and granted the Board's cross-application for enforcement.
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