Adi Worldlink, LLC; Samsung Electronics America, Inc.; Samsung Telcommunications Americas, LLC

National Labor Relations Board - Unpublished Board Decisions

Jul 25, 2016

07-CA-157722 (N.L.R.B. Jul. 25, 2016)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
ADI WORLDLINK, LLC;
SAMSUNG ELECTRONICS AMERICA, INC. f/k/a
SAMSUNG TELECOMMUNICATIONS AMERICAS, LLC
and Cases 07-CA-157722
TIM CURRY, OZIAS FOSTER, ROYCE ELLISON,
MERVIN L. MCGIRT, CLARENCE COOK, KEVIN
ASTROP
and 20-CA-156284
NATHAN NESBIT, CHRIS CARETHERS,
LAMAR HALL, LEON TOWNSEND,
STEVEN LE, SEAN GOODSON
ORDER TRANSFERRING PROCEEDING TO THE BOARD
and
NOTICE TO SHOW CAUSE
On April 12, 2016, Respondent Adi Worldlink (Worldlink) filed with the Board a
motion for summary judgment seeking dismissal of the Second Amended Consolidated
Complaint in this proceeding, on the ground that the Charging Parties consented to its
Labor Services Agreement (Agreement), including the provisions requiring individual
arbitration of employment-related disputes, and that the Agreement should therefore be
enforced according to its terms. Worldlink further asserted that there are no genuine
issues of material fact in dispute.
On April 19, 2016, the General Counsel filed with the Board a response in
opposition to Worldlink’s motion, and a cross-motion for summary judgment with respect
to both Respondents on the ground that Worldlink’s Agreement violates Section 8(a)(1)
of the Act as alleged, and that there are no genuine issues of material fact in dispute.
On the same date, the General Counsel also filed a motion to strike certain exhibits
attached to Worldlink’s motion.
Having duly considered the matter,
IT IS ORDERED that the above-entitled proceeding be transferred to and
continued before the Board in Washington, D.C., and that the hearing be postponed
indefinitely.
NOTICE IS GIVEN that cause be shown, in writing, filed with the Board in
Washington, D.C., on or before August 8, 2016 (with affidavit of service on the parties to
this proceeding), why either the Respondent’s or the General Counsel’s Motions should
not be granted. Any briefs or statements in support of the motion shall be filed by the
same date.
Dated, Washington, D.C., July 25, 2016.
By direction of the Board:
Gary Shinners
_____________________________
Executive Secretary