H&M International Transportation, Inc.

National Labor Relations Board - Unpublished Board Decisions

Mar 1, 2021

05-CA-241380 (N.L.R.B. Mar. 1, 2021)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
H&M INTERNATIONAL
TRANSPORTATION, INC.
and Case 05-CA-241380
INTERNATIONAL LONGSHOREMEN’S
ASSOCIATION, LOCAL 1970
ORDER1
On January 25, 2021, the first day of hearing in this case, the Respondent filed a
motion to dismiss the complaint and requested a stay of the proceedings, arguing that
the case could not be prosecuted because President Biden’s removal of former General
Counsel Robb was invalid. Administrative Law Judge Sharon Levinson Steckler issued
an order from the bench denying the Respondent’s motion. Thereafter, in accordance
with Section 102.26 of the National Labor Relations Board’s Rules and Regulations, the
Respondent filed the instant request for special permission to appeal the judge’s Order.
The Acting General Counsel and the Charging Party have filed oppositions.
Having duly considered the matter, we deny the Respondent’s request for
permission to file a special appeal. The Respondent has failed to establish that its
objections cannot be appropriately addressed later in the proceedings, such as on
1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2
exceptions to the Board pursuant to Section 102.46 of the Rules and Regulations, in the
event the Respondent receives an adverse ruling.
The request for an emergency stay of the hearing is dismissed as moot.
Dated, Washington, D.C., March 1, 2021.
LAUREN McFERRAN, CHAIRMAN
WILLIAM J. EMANUEL, MEMBER
JOHN F. RING, MEMBER