MTIL, Inc.

National Labor Relations Board - Unpublished Board Decisions

Sep 13, 2018

13-CA-189867 (N.L.R.B. Sep. 13, 2018)

Re: MTIL, Inc.
Case 13-CA-189867
ORDER
Counsel for the General Counsel’s Motion to Strike Respondent’s Exception to
ALJ Melissa M. Olivero’s Decision of July 16, 2018 is granted in part. References, and
inclusion, of documents that were not admitted into evidence, and are therefore not part
of the official record, are excluded from consideration by the Board. See King Soopers,
Inc., 344 NLRB 842, fn. 1 (2005). Accordingly, the Respondent’s Exhibits A and B,
consisting of the General Counsel’s 10(j) Petition to the District Court, and the District
Court’s decision and order in the 10(j) proceeding, respectively, and any and all
references to them, are stricken. See Innovative Communications Corp., 333 NLRB
665, fn. 2 (2001).
Although the Respondent’s exception document may not be in precise
compliance with the literal requirements of Section 102.46, the exception document
sufficiently designates the Respondent’s points of disagreement with the judge’s
decision. See Williams Services, Inc., 302 NLRB 492, fn. 1 (1991). Thus, the General
Counsel’s motion to strike is denied with respect to the exception.
By direction of the Board:

Dated, Washington, D.C., September 13, 2018.
/s/ Farah Z. Qureshi
Associate Executive Secretary
United States Government
NATIONAL LABOR RELATIONS BOARD
1015 HALF ST., SE
WASHINGTON DC 20570