Teamsters Local Union No. 523 v. NLRB , 590 F.3d 849 ( 2010 )

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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