ARROWHEAD TRANSIT (operated by the ARROWHEAD ECONOMIC OPPORTUNITY AGENCY)

National Labor Relations Board - Board Decisions

Nov 9, 2016

18-CA-173815 (N.L.R.B. Nov. 9, 2016)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
ARROWHEAD TRANSIT (OPERATED BY
THE ARROWHEAD ECONOMIC OPPORTUNITY
AGENCY)
and Cases 18-CA-173815
18-CA-178901
LEANN STOLL, ORGANIZER AFSCME
COUNCIL 65
ORDER
The Respondent’s Motion to Dismiss the Consolidated Complaint or, in the
Alternative, for Partial Summary Judgment is 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.1
Dated, Washington, D.C., November 9, 2016.
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
LAUREN McFERRAN, MEMBER

1 Member Miscimarra agrees with the denial of the Respondent’s motion as stated in
the Board’s Order. As Member Miscimarra stated in L’Hoist North America of
Tennessee, Inc., 362 NLRB No. 110, slip op. at 3 (2015) (concurring), “in response to a
motion for summary judgment, I believe that the General Counsel at least must explain
in reasonably concrete terms why a hearing is required. Under the standard that
governs summary judgment determinations, this will normally require the General
Counsel to identify material facts that are genuinely in dispute.” See also Trinity
Technology Group, Inc., 364 NLRB No. 133, slip op. at 1-2 (2016) (Member Miscimarra,
concurring); Leukemia & Lymphoma Society, 363 NLRB No. 124, slip op. at 2 (2016)
(Member Miscimarra, dissenting). In the instant case, the General Counsel has
described, in reasonably concrete terms, why, based on material facts that are
genuinely in dispute, a hearing is required.