Ovations Food Services, L.P.

National Labor Relations Board - Board Decisions

Jul 10, 2012

09-CA-046264 (N.L.R.B. Jul. 10, 2012)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
OVATIONS FOOD SERVICES, L.P.
and Case 09-CA-046264
NADINE WEAVER
ORDER1
The Respondent’s Motion to Dismiss the Complaint and Notice of Hearing or,
Alternatively, Motion for Summary Judgment is denied. This denial is without prejudice
to the Respondent's right to renew its deferral arguments to the administrative law judge
and to raise the deferral issue before the Board on any exceptions that may be filed to
the judge's decision, if appropriate.2
Dated, Washington, D.C., July 10, 2012
MARK GASTON PEARCE, CHAIRMAN
RICHARD F. GRIFFIN, JR., MEMBER
SHARON BLOCK, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 In its motion, the Respondent asserts that the Acting General Counsel’s memorandum
GC 11-05 and the instant complaint “arguably are ultra vires as a result of the fact that
the Acting General Counsel’s appointment expired under the Act long before the
memorandum was published or the Complaint was issued.” For the reasons set forth in
Center for Social Change, Inc., 358 NLRB No. 24 (2012), we reject this argument.