All Service Plumbing & Maintenance, Inc.Download PDFNational Labor Relations Board - Board DecisionsJul 1, 201415-CA-019433 (N.L.R.B. Jul. 1, 2014) Copy Citation UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD ALLSERVICE PLUMBING AND MAINTENANCE, INC. and UNITED ASSOCIATION OF JOURNEYMAN AND APPRENTICES OF THE PLUMBING INDUSTRY OF THE UNITED STATES AND CANADA, LOCAL 198 Cases 15-CA-019433 15-CA-019456 15-RC-008819 ORDER On July 16, 2013, the Board issued an unpublished Order in this proceeding. Thereafter, an application for enforcement and/or petition for review was filed in the United States Court of Appeals for the Fifth Circuit. The record in this case was not filed with the court. On June 26, 2014, the United States Supreme Court issued its decision in NLRB v. Noel Canning, a Division of the Noel Corp., No. 12-1281, ___ S. Ct. ___, 2014 WL 2882090 (June 26, 2014). In view of the Court’s decision in Noel Canning, pursuant to Section 10(d) of the National Labor Relations Act, the Board hereby sets aside the unpublished Order.1 The Board 1 Section 10(d) states “[u]ntil the record in a case shall have been filed in a court, as hereinafter provided, the Board may at any time, upon reasonable notice and in such manner as it shall deem proper, modify or set aside, in will retain this case on its docket and take further action as appropriate. Dated, Washington, D.C., July 1, 2014. By direction of the Board: ________________________ Gary Shinners Executive Secretary whole or in part, any finding or order made or issued by it.” See also In re NLRB, 304 U.S. 486 (1938) Copy with citationCopy as parenthetical citation