Galicks, Inc v. Order of the National Labor Relations Board National Labor Relations Board

The Honorable Patrick J. Duggan, United States District Judge for the Eastern District of*
Michigan, sitting by designation.
A member of the Board’s General Counsel contacted the Clerk’s Office on June 21, 2010,1
indicating the Board’s intent to file motions to remand in all cases pending before the Court affected
by the New Process Steel decision, including this one. The motion, however, has not yet been filed.
NOT RECOMMENDED FOR PUBLICATION
File Name: 10a0379n.06
Nos. 09-1972/09-2441
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
GALICKS, INC., )
)
Petitioner/Cross-Respondent, ) ON APPEAL FOR
) ENFORCEMENT OF AN
v. ) ORDER OF THE NATIONAL
) LABOR RELATIONS BOARD
NATIONAL LABOR RELATIONS BOARD, )
)
Respondent/Cross-Petitioner, )
)
SHEET METAL WORKERS INTERNATIONAL )
ASSOCIATION, LOCAL UNION NO. 33, )
)
Intervenor. )
Before: MARTIN and GRIFFIN, Circuit Judges; DUGGAN, District Judge*
PATRICK J. DUGGAN, District Judge. This matter was submitted to the panel on briefs
on March 30, 2010, with arguments addressing the merits of the underlying order of the National
Labor Relations Board (“the Board”). On June 17, 2010, however, the United States Supreme Court
issued its decision in New Process Steel, L.P. v. NLRB, No. 081457, holding that the Board lacks
authorization to act when it has fewer than three current members. There is no dispute that the
underlying order in this case was issued at a time when there were only two members on the Board.1

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09-1972/09-2441
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In light of the Supreme Court’s decision in New Process Steel, we sua sponte REMAND for
proceedings consistent with that opinion.

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