United States Second Circuit

In a National Labor Relations Board administrative proceeding charging that an employer violated section 8(a)(2) of the National Labor Relations Act by allowing a union to distribute a bonus to its employees when an election was pending, judgment by a panel of the Board finding a violation is affirmed, where: 1) the Board’s review of the case was adequate; and 2) two members of the panel, who had entered a decision that was vacated and remanded pursuant to the US Supreme Court's decision in New Process Steel, L.P. v. NLRB, 130 S. Ct. 2635 (2010), which forbids a two-member panel of the Board to decide a case when the Board itself consists only of two members, properly participated in the panel that reviewed the case on remand.

Appellate Information

• Decided 01/06/2012
• Published 01/06/2012

Judges

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Amy H. Ginn, Tamir W. Rosenblum, Stuart Weinberger