Teamsters Local Union No. 523 v. National Labor Relations Board

U.S. Court of Appeals for the Tenth Circuit
Teamsters Local Union No. 523 v. National Labor Relations Board, 624 F.3d 1321 (10th Cir. 2010)
193 L.R.R.M. (BNA) 3091; 2010 U.S. App. LEXIS 22662

Teamsters Local Union No. 523 v. National Labor Relations Board

Opinion of the Court

OPINION ON REMAND FROM THE UNITED STATES SUPREME COURT

TACHA, Circuit Judge.

On remand from the United States Supreme Court’s opinion in Teamsters Local Union Number 523 v. N.L.R.B., — U.S. -, 131 S.Ct. 109, - L.Ed.2d -, 2010 WL 1990005 (2010), we hold that the two-member NLRB group that issued the order in this case lacked statutory authority to act. New Process Steel, L.P. v. N.L.R.B., — U.S. -, 130 S.Ct. 2635, 2640, 177 L.Ed.2d 162 (2010). Therefore, we VACATE the Board’s order and REMAND to the Board for further proceedings. We GRANT Respondent/Cross-Petitioner’s motion for remand.

Reference

Full Case Name
TEAMSTERS LOCAL UNION NO. 523, affiliated with the International Brotherhood of Teamsters v. NATIONAL LABOR RELATIONS BOARD, Kirk Rammage, Intervenor
Cited By
2 cases
Status
Published