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.
Filed December 22, 2009
Opinion by Judge Tacha
David A. Fleischer, Robert J. Englehart, Ronald Meisburg, John E. Higgins, Jr., National Labor
Relations Board, Washington, DC