NATIONAL LABOR RELATIONS BOARD, Petitioner, International Brotherhood of Electrical Workers, Intervenor, v. AMERICAN DIRECTIONAL BORING, INC., Respondent, 383 F. App'x 594

PER CURIAM. The National Labor Relations Board (the Board) has applied for enforcement of its Supplemental Decision and Order directing American Directional Boring, Inc. (ADB), to bargain with the International Brotherhood of Electrical Workers, Local No. 2, and granting other relief to remedy numerous unfair labor practices the Board found were committed by ADB in response to a union organizing effort. See 29 U.S.C. § 160(e). The Order was entered by two members of a three-member group to which the Board delegated all its powers in December 2007 pursuant to § 3(

b) of the National Labor Relations Act, 29 U.S.C. § 153(b). When the Order was entered on September 30, 2008, the five-member Board had only two members. In New Process Steel, L.P. v. NLRB, 560 U.S. -, 130 S.Ct. 2635, 2644-45, - L.Ed.2d- (June 17, 2010), the Supreme Court held that a two-member group may not exercise delegated authority when the total Board membership falls below three because “the delegation clause [in § 3(b) ] requires that a delegee group maintain a membership of three in order to exercise the delegated authority of the Board.” Accordingly, we deny the application for enforcement.