PAC TELL GROUP, INC. D/B/A U.S. FIBERS

National Labor Relations Board - Board Decisions

Jun 26, 2013

10-RC-101166 (N.L.R.B. Jun. 26, 2013)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
PAC TELL GROUP, INC.,
d/b/a U.S. FIBERS
Employer
and Case 10-RC-101166
UNITED STEEL, PAPER AND
FORESTRY, RUBBER, MANUFACTURING,
ENERGY, ALLIED INDUSTRIAL AND
SERVICE WORKERS INTERNATIONAL
UNION, LOCAL 7898
Petitioner
ORDER
The Employer’s Motion for Reconsideration of the Board’s May 31, 2013 Order denying
review of the Acting Regional Director’s Decision and Direction of Election is denied.1
MARK GASTON PEARCE, CHAIRMAN
RICHARD F. GRIFFIN, JR., MEMBER
SHARON BLOCK, MEMBER
Dated, Washington, D.C., June 26, 2013.

1 The Motion is denied without prejudice to the Employer renewing its arguments as to the
alleged supervisory status of Eduardo Sanchez, Jose Lal, David Martinez, and Aduaco Torres on
exceptions to a report on objections or on a request for review of the Regional Director’s
decision.
The Employer, citing Noel Canning v. NLRB, 705 F.3d 490 (D.C. Cir. 2013), petition for
cert. granted June 24, 2013 (No. 12-1281), contends that the Board should hold the proceeding in
abeyance “until the Board’s status to render final orders and judgments is resolved.” For the
reasons stated in Bloomingdale’s, Inc., 359 NLRB No. 113 (2013), this argument is rejected.