Apogee Retail LLC d/b/a Unique Thrift Store

National Labor Relations Board - Board Decisions

Dec 13, 2018

27-CA-191574 (N.L.R.B. Dec. 13, 2018)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
APOGEE RETAIL LLC d/b/a
UNIQUE THRIFT STORE
and Cases 27–CA–191574
27–CA–198058
KATHY JOHNSON
ORDER APPROVING STIPULATION, GRANTING MOTION,
AND TRANSFERRING PROCEEDING TO THE BOARD
This matter comes before the National Labor Relations Board upon the joint
motion of Respondent Apogee Retail LLC d/b/a Unique Thrift Store and the General
Counsel (collectively, the parties) to waive a hearing and decision by an administrative
law judge and to transfer the proceedings to the Board for a decision based on the
stipulated record.
On August 30, 2018, the General Counsel, through the Regional Director for
Region 27, issued an amended consolidated complaint and notice of hearing alleging
that, at all material times, the Respondent has maintained certain rules in its nationwide
Code of Business Conduct and Ethics and its nationwide Loss Prevention Manual and,
by doing so, has been interfering with, restraining, and coercing employees in the
exercise of the rights guaranteed in Section 7 of the Act in violation of Section 8(a)(1) of
the Act.1

1 On July 13, 2017, former General Counsel Richard F. Griffin, Jr., issued an Order
Transferring Cases 27–CA–191574 and 27–CA–198058 from Region 27 to Region 19.
On September 22, 2017, the General Counsel, through the Regional Director for Region
19, issued an order consolidating cases, consolidated complaint and notice of hearing.
2
On October 18, 2018, the parties filed a joint motion and stipulation of facts with
the Board. Pursuant to Section 102.35(a)(9) of the Board’s Rules and Regulations, the
parties have waived a hearing before an administrative law judge and agreed to submit
the record in this case directly to the Board for findings of fact, conclusions of law, and a
Decision and Order. The parties have requested that the Board set a time for the filing
of briefs.
The Board having considered the matter,
IT IS ORDERED that the joint motion is granted and the case is transferred to
and continued before the Board in Washington, D.C., for the purpose of issuing findings
of fact, conclusions of law, and a Decision and Order.
IT IS FURTHER ORDERED that the stipulated record, which includes a
stipulation of facts, Joint Exhibits 1 through 13, a statement of the issues presented, and
statements of position by the Respondent and the General Counsel, is approved and
made part of the record.
The parties may file briefs with the Board in Washington, D.C., on or before
January 3, 2019, and answering briefs 14 days thereafter in accordance with Section
102.35(a)(9) of the Board’s Rules and Regulations.
Dated, Washington D.C., December 13, 2018.
By direction of the Board:
Roxanne L. Rothschild
________________________
Acting Executive Secretary

On August 22, 2018, General Counsel Peter B. Robb issued an Order Transferring
Cases 27–CA–191574 and 27–CA–198058 from Region 19 back to Region 27.