National Labor Relations Board v. Diversified Enterprise, Incorporated

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-1950
NATIONAL LABOR RELATIONS BOARD,
Petitioner,
v.
DIVERSIFIED ENTERPRISE, INCORPORATED,
Respondent.
On Application for Enforcement of an Order of the National Labor
Relations Board. (9CA-43110)
Submitted: June 29, 2011 Decided: July 13, 2011
Before WILKINSON and DAVIS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Petition granted by unpublished per curiam opinion.
Wesley V. Queen, Mount Hope, West Virginia, for Petitioner.
Lafe E. Solomon, Acting General Counsel, Celeste J. Mattina,
Acting Deputy General Counsel, John H. Ferguson, Associate
General Counsel, Linda Dreeben, Deputy Associate General
Counsel, Meredith L. Jason, Deputy Assistant General Counsel,
Christopher W. Young, NATIONAL LABOR RELATIONS BOARD,
Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
The National Labor Relations Board (“Board”) seeks
enforcement of a Board order against Diversified Enterprise,
Inc. (“Diversified”). The Administrative Law Judge (“ALJ”)
concluded that Diversified violated § 8(a)(1) and (3) of the
National Labor Relations Act, 29 U.S.C. § 158(a)(1), (3) (2006).
The Board, by a two-member delegee group, adopted the ALJ’s
recommended order with minor modifications.
In its prior appeal to this court, the Board filed an
unopposed motion to remand the case based on the Supreme Court’s
holding in New Process Steel, L.P. v. NLRB
On remand, the Board, by a three-member panel,
affirmed the ALJ’s findings of fact and conclusions. We
conclude that substantial evidence supports the Board’s
decision. Accordingly, we grant the petition for enforcement.
We dispense with oral argument because the facts and legal
conclusions are adequately presented in the materials before the
court and argument would not aid the decisional process.
, 130 S. Ct. 2635
(2010), that the Act does not authorize fewer than three members
to form a valid delegee group. We granted the motion and
remanded to the Board for further proceedings.
PETITION GRANTED

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