Americanos U.S.A., LLC.

National Labor Relations Board - Unpublished Board Decisions

Feb 25, 2011

28-CA-023187 (N.L.R.B. Feb. 25, 2011)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
AMERICANOS U.S.A., INC.
and 28-CA-23187
INTERNATIONAL ASSOCIATION OF
MACHINISTS AND AEROSPACE
WORKERS, AFL-CIO
ORDER DENYING MOTIONS1
The Respondent’s Motions for Partial Summary Judgment and its Objections and
Motion to Strike are denied. The Respondent has failed to establish that there are no
genuine issues of material fact and that it is entitled to judgment as a matter of law.2
See National Labor Relations Board’s Rules and Regulations, 102.24(b).
The Respondent’s Request for Special Permission to Appeal from Judge
Etchingham’s denial of its second motion for a continuance of the hearing is also
denied.
Dated, Washington, D.C., February 25, 2011.
CRAIG BECKER, MEMBER
MARK GASTON PEARCE, MEMBER
BRIAN E. HAYES, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding
to a three-member panel.
2 Member Hayes would find that there is no genuine issue of material fact as to the
complaint allegation that the Respondent implemented special pay provisions without
first notifying the Union and affording it an opportunity to bargain. He would, therefore,
grant the Respondent’s First Motion for Partial Summary Judgment. In doing so, he
would also grant the Region leave to amend the complaint to conform to the impasse
violation theory advanced by the Acting General Counsel in his opposition to that
motion.