Virbac Corporation

National Labor Relations Board - Unpublished Board Decisions

Sep 24, 2019

14-CA-222238 (N.L.R.B. Sep. 24, 2019)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
VIRBAC CORPORATION
and Case 14-CA-222238
DENISE WHITENER
ORDER1
The Respondent’s Motion to Dismiss the Complaint or, in the Alternative, for a
More Definite Statement is denied. The Respondent has failed to establish that there
are no genuine issues of material fact warranting a hearing and that it is entitled to
judgment as a matter of law.2
Dated, Washington, D.C., September 24, 2019.
JOHN F. RING, CHAIRMAN
LAUREN McFERRAN, MEMBER
WILLIAM J. EMANUEL, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 The motion for a more definite statement is denied to the extent the Division of
Judge’s June 18, 2019 Order did not already resolve it. The portion of the motion to
dismiss that requests, in the alternative, deferral to contractual grievance and arbitration
procedures is also denied. Nothing before the Board establishes that a presently-
effective collective-bargaining agreement contains such procedures or whether they
would apply to the allegations of the complaint. This denial is without prejudice to the
Respondent’s right to renew its deferral argument before the administrative law judge,
after presenting evidence, and to raise the deferral issue before the Board on any
exceptions that may be filed to the judge’s decision, if appropriate.