Teamsters Local Union No. 523 v. NLRB

590 F.3d 849 · Court of Appeals for the Tenth Circuit · Oct 29, 2010

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FILED United States Court of Appeals Tenth Circuit

October 29, 2010 PUBLISH Elisabeth A. Shumaker Clerk of Court UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

TEAMSTERS LOCAL UNION NO. 523, affiliated with the International Brotherhood of Teamsters,

Petitioner,

v. Nos. 08-9568, 08-9577 (Ag. Nos. 17-CA-23404 & 17-CB-6146) NATIONAL LABOR RELATIONS BOARD,

Respondent, ______________________________

KIRK RAMMAGE,

Intervenor.

OPINION ON REMAND FROM THE UNITED STATES SUPREME COURT

Before TACHA, HOLLOWAY, and KELLY, Circuit Judges. TACHA, Circuit Judge.

On remand from the United States Supreme Court’s opinion in Teamsters Local Union Number 523 v. N.L.R.B., — S.Ct. —, 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., 130 S.Ct. 2635, 2640 (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.

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