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National Labor Relations Board v. Northeastern Land Services, Ltd

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Before Lynch, Chief Judge, Lipez and Thompson, Circuit Judges.

On June 28, 2010, the Supreme Court vacated our prior decision in this case, Ne. Land Servs., Ltd. v. NLRB, 560 F.3d 36 (1st Cir. 2009), which had enforced a 2008 order of the National Labor Relations Board (NLRB), Ne. Land Servs., Ltd., 352 N.L.R.B. 744 (2008). The Court’s vacating of our decision was accompanied by an order granting a petition for writ of certiorari filed by Northeastern Land Services, Ltd. (NLS). Ne. Land Servs., Ltd. v. NLRB, 130 S. Ct. 3498 (2010). The Court remanded for reconsideration in light of its decision in New Process Steel v. NLRB, 130 S. Ct. 2635 (2010), which held that a delegee group of the Board must maintain a membership of three in order to exercise the delegated authority of the Board. Id. at 2642.*fn1

Upon the vacating of our prior decision and the return of jurisdiction to this court, the NLRB filed a motion to remand the case to the Board. On July 30, 2010, the case was so remanded by order of this court. Ne. Land Servs., Ltd. v. NLRB, No. 08-1878, 2010 WL 4072835, at *1 (1st Cir. July 30, 2010).

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