Delaware Valley Wholesale Florist

National Labor Relations Board - Board Decisions

Jun 27, 2013

05-CA-096037 (N.L.R.B. Jun. 27, 2013)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
DELAWARE VALLEY FLORAL GROUP, INC.
d/b/a DELAWARE VALLEY WHOLESALE FLORIST
and Case 05-CA-096037
PAUL DARMAFALL
ORDER DENYING MOTION
The Respondent’s motion for summary judgment in Case 05-CA-096037 is
denied. The Respondent has failed to establish that it is entitled to judgment as a
matter of law.1
Dated, Washington, D.C., June 27, 2013
MARK GASTON PEARCE, CHAIRMAN
RICHARD F. GRIFFIN, JR., MEMBER
SHARON BLOCK, MEMBER

1 The Respondent contends that summary judgment should be granted because the
Board acted ultra vires by issuing the complaint at a time when it had no General
Counsel or valid Acting General Counsel and lacked a valid quorum under Noel
Canning v. NLRB, 705 F.3d 490 (D.C. Cir. 2013), cert. granted 81 USLW 3629, 2013
WL 1774240 (U.S. June 24, 2013). For the reasons stated in Sub-Acute Rehabilitation
Center at Kearney d/b/a Belgrove Post Acute Care Center, 359 NLRB No. 77, slip op. 1,
fn.1 (2013), these arguments are rejected.