Laborers' International Union of North America, Local 872, AFL-CIO (No Employer Named)

National Labor Relations Board - Unpublished Board Decisions

Jan 12, 2015

28-CB-118809 (N.L.R.B. Jan. 12, 2015)

1
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
LABORERS’ INTERNATIONAL UNION
Of NORTH AMERICA, LOCAL 872, AFL-CIO
and Case 28-CB-118809

STEPHANIE SHELBY
ORDER1
Charging Party Stephanie Shelby’s Request for Special Permission to Appeal
Administrative Law Judge Mary Miller Cracraft’s ruling approving a unilateral Settlement
by Consent Order is granted, and the appeal is denied on the merits.2 We find that the
Settlement by Consent Order substantially remedies the violations alleged in the
complaint. See Independent Stave Co., 287 NLRB 740, 741 (1987).
Dated, Washington, D.C., January 12, 2015.
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
KENT Y. HIROZAWA, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 As noted by Judge Cracraft, the resolution of an unfair labor practice by a unilateral
agreement proffered by a respondent and approved by a judge is in the nature of a
consent order, and not a true “settlement” between parties to the dispute. See Electrical
Workers IUE Local 201 (General Electric Co.), 188 NLRB 855, 857 (1971). When
evaluating proposed consent orders, the Board has applied the factors set forth in
Independent Stave Co., 287 NLRB 740 (1987). See, e.g., Food Lion, Inc., 304 NLRB
602, 602 fn. 4 (1991); Copper State Rubber, 301 NLRB 138, 138 (1991).