The Summary of NLRB decisions for the week of June 15 – 19, 2015, is now available.

Ozburn-Hessey Logistics, LLC  (15-CA-109236; 362 NLRB No. 118)  Memphis, TN, June 15, 2015

On May 2, 2013, the Board issued a Decision, Order, and Direction in a consolidated unfair labor practice and representation case, reported at 359 NLRB No. 109 (2013), adopting the administrative law judge’s decision, including his resolution of challenged ballots and ordering that certain of those ballots be opened and counted.  On May 24, 2013, after counting the ballots, the Acting Regional Director certified the Union.   At the time of the Decision, Order, and Direction the composition of the Board included two persons whose appointments to the Board had been challenged as constitutionally infirm.

On July 30, 2013, the General Counsel issued a complaint in the instant case alleging that the Respondent was failing and refusing to recognize and bargain with the Union in violation of Section 8(a)(5) and (1).  The Respondent filed an answer, and the General Counsel filed a Motion for Summary Judgment contending that the Respondent was attempting to relitigate the representation case issues.  The Board issued a Notice to Show Cause why the motion should not be granted.

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