Petitioner's petition for review of an NLRB order, finding that petitioners had violated various provisions of the National Labor Relations Act, 29 U.S.C. section 151 et seq. by refusing to recognize and bargain with the United Food and Commercial Workers Union Local 1625, is denied where the panel of the NLRB was a lawfully convened panel of three members, and the panel continued to operate properly after one of its members ceased to serve on the Board, because there remained a quorum of two members.
Argued on April 15, 2009
Decided on June 17, 2009
Before WINTER, CABRANES, and SACK, Circuit Judges.
Opinion by JOSÉ A. CABRANES, Circuit Judge.
RUTH E. BURDICK, Attorney (Ronald Meisburg, General Counsel, John E. Higgins, Jr., Deputy General Counsel, John H. Ferguson, Associate General Counsel, Linda Dreeben, Deputy Associate General Counsel, Robert J. Englehart, Supervisory Attorney, and David A. Seid, Attorney, on the brief), National Labor Relations Board, Washington, D.C., for Respondent-Cross-Petitioner.