Allied Mechanical Services, (2010)

Allied Mechanical Services, Inc. and Plumbers and Pipefitters Local 357, United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, AFL–CIO. Cases 7–CA–40907 and 7–CA–41390

October 14, 2010

ORDER DENYING MOTION FOR RECONSIDERATION

By Chairman Liebman and Members Pearce and Hayes

On September 28, 2007, the National Labor Relations Board, by a three-member panel, issued its Supplemental Decision and Order in this case.[1] The Supplemental Decision and Order granted the General Counsel’s and the Union’s motions for reconsideration of the original Decision and Order[2] and overruled prior dismissals of allegations that the Respondent violated Section 8(a)(5) and (1) of the Act.[3]

On November 16, 2007, the Respondent filed a motion for reconsideration and a supporting brief. The General Counsel and the Union filed answering briefs.[4]

On May 30, 2008, the two sitting members of the Board issued an Order Denying Motion for Reconsideration in this proceeding, which is reported at 352 NLRB 662.[5] In the order, they rejected the Respondent’s contentions that the Board had erred in retroactively applying its decision in Raymond F. Kravis Center for the Performing Arts, 351 NLRB 143 (2007), in finding that the parties had a 9(a) relationship, and in ordering the Respondent to recognize and bargain with the Union. They also rejected the Respondent’s contention that the case should be remanded to the judge to apply the Board’s decision in Toering Electric Co., 351 NLRB 225 (2007).

Thereafter, the Respondent filed a petition for review in the United States Court of Appeals for the District of Columbia Circuit,[6] and the General Counsel filed a cross-application for enforcement. On June 17, 2010, the United States Supreme Court issued its decision in New Process Steel, L.P. v. NLRB, 130 S.Ct. 2635, holding that under Section 3(b) of the Act, in order to exercise the delegated authority of the Board, a delegee group of at least three members must be maintained. Thereafter, the court of appeals remanded this case for further proceedings consistent with the Supreme Court’s decision.

The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel.[7]

Having considered the Respondents motion for reconsideration and the parties briefs, the Board has decided to deny the motion for reconsideration for the reasons set forth in the Order reported at 352 NLRB...

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