United States Tenth Circuit

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Teamsters Local Union No. 523 v. NLRB, 08-9568

In a union's petition for review of the NLRB's determination that it engaged in an unfair labor practice, the petition is denied where: 1) the NLRB had statutory authority to act with only two members, both of whom were part of a three-member group to which the NLRB delegated all of its authority; and 2) the NLRB did not err in concluding that the union committed an unfair labor practice when it insisted that an employee lose his seniority for route bidding purposes because of his prior lack of union participation.

Appellate Information

  • Decided 12/22/2009
  • Published 12/22/2009

Judges

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

Court

  • United States Tenth Circuit

Counsel

  • For Appellant:
  • Steven R. Hickman, Frasier, Frasier & Hickman, LLP, Tulsa, Oklahoma, appearing for Petitioner., John C. Scully, National Right to Work Legal Defense Foundation, Inc., Springfield, Virginia, appearing for Intervenor.

  • For Appellees:
  • David A. Fleischer, Senior Attorney (Robert J. Englehart, Supervisory Attorney, Ronald Meisburg, General Counsel, John E. Higgins, Jr., Deputy General Counsel; John H. Ferguson, Associate General Counsel, and Linda Dreeben, Deputy Associate General Counsel, with him on the brief), National Labor Relations Board, Washington, DC, appearing for Respondent.

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