C.R. England, Inc.

National Labor Relations Board - Unpublished Board Decisions

Jul 5, 2013

13-RC-095967 (N.L.R.B. Jul. 5, 2013)

NOT INCLUDED PGB IN BOUND VOLUMES Chicago, IL UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD C.R. ENGLAND, INC. Employer and Case 13-RC-095967 TEAMSTERS, LOCAL 705 Petitioner DECISION AND ORDER The National Labor Relations Board has considered an objection to an election held February 19, 2013, and the Regional Director’s report recommending disposition of it. The election was conducted pursuant to a Stipulated Election Agreement. The tally of ballots shows 43 for and 23 against the Petitioner, with no challenged ballots. The Board has reviewed the record in light of the exceptions and brief and has adopted the Regional Director’s findings and recommendations.1 The Employer’s request to hold the proceeding in abeyance is also denied. ORDER IT IS ORDERED that Objection 1 be overruled. Dated, Washington, D.C., July 5, 2013. ___________________________________ Mark Gaston Pearce, Chairman ___________________________________ 1 The Regional Director directed a hearing on the Employer’s Objection 2. The hearing was held on March 25 and 26, 2013. The Employer contends that the Board does not have a valid quorum under Noel Canning v. NLRB, 705 F.3d 490 (D.C. Cir. 2013), cert. granted, 81 U.S.L.W. 3629 (U.S. June 24, 2013)(No. 12-1281) and NLRB v. New Vista Nursing & Rehabilitation, 2013 WL 2099742, -- F. 3d - (3d Cir. May 16, 2013). The Employer further contends that due to the Board’s lack of a valid quorum, the Regional Director’s appointment was invalid, and so all actions that the Regional Director has taken in this case are likewise invalid. For the reasons stated in Bloomingdale’s, Inc., 359 NLRB No. 113 (2013), these arguments are rejected. Richard F. Griffin, Jr., Member ___________________________________ Sharon Block, Member (SEAL) NATIONAL LABOR RELATIONS BOARD