Teamsters Local Union No. 523 v. NLRB

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.

-2-