NLRB v. Southwest Regional Council of Carpenters, No. 11-1212 (D.C. Cir. 2016)
Annotate this CasePetitioners seek review of the Board's finding that G/M and the Carpenters Union committed unfair labor practices. The court held this case in abeyance pending the Supreme Court’s consideration of the validity of the President’s recess appointments to fill vacancies on the Board in NLRB v. Noel Canning. Member Becker, who was on the Board panel in this case, had been appointed to the Board by the President during a 17-day intra-session recess of the Senate. Following the Supreme Court’s decision, this court held that Becker’s appointment was valid. The court removed the case from abeyance and now hold that the Board’s orders failed to provide a reasoned justification for departing from precedent. In this case, G/M and the Carpenters Union filed a motion for reconsideration, arguing that the Board’s determination had ignored its holding in Coamo Knitting Mills, Inc. The court concluded that the Board’s order denying reconsideration relies solely on the absence of a claim of unlawful surveillance in distinguishing Coamo, not on any factual differences between the cases. Because the Board did not adequately distinguish Coamo and grant the petitions for review on that ground, the court need not reach the remaining arguments. Accordingly, the court granted the petitions for review, vacated the orders, and remanded.
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