Kiss Electric LLC

National Labor Relations Board - Board Decisions

Jun 27, 2017

04-CA-164351 (N.L.R.B. Jun. 27, 2017)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
KISS ELECTRIC, LLC
and Cases 04-CA-164351
04-CA-166954
INTERNATIONAL BROTHERHOOD 04-CA-180051
OF ELECTRICAL WORKERS, LOCAL
UNION #98
ORDER
The General Counsel’s request for special permission to appeal the December 6,
2016 ruling of Administrative Law Judge Ira Sandron approving an informal settlement
agreement is granted. On the merits, the appeal is denied. The General Counsel has
failed to establish that the judge abused his discretion in approving the settlement
entered into by the Respondent and the Charging Party, over the objections of the
General Counsel.1
Dated, Washington, D.C., June 27, 2017
PHILIP A. MISCIMARRA, CHAIRMAN
MARK GASTON PEARCE, MEMBER
LAUREN McFERRAN, MEMBER

1 As the judge found, the correct standard for evaluating settlements between two or
more parties is the standard set forth in Independent Stave, 287 NLRB 740, 743 (1987).
United States Postal Service (Postal Service), 364 NLRB No. 116 (2016), cited by the
General Counsel, applies only to situations involving a resolution of a case proffered by
a respondent over the objections of the General Counsel and the charging party, which
is in the nature of a consent order. Chairman Miscimarra dissented in Postal Service,
364 NLRB No. 116, slip op. 4-8, stating that in his view, the Independent Stave standard
should continue to be applied when evaluating such consent settlement agreements. In
any event, he agrees that here, the judge correctly applied the Independent Stave
standard to the informal settlement agreement agreed to by the Respondent and the
Charging Party.