Advanced Life Systems, Inc.

National Labor Relations Board - Unpublished Board Decisions

Jun 24, 2013

19-CA-096464 (N.L.R.B. Jun. 24, 2013)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
ADVANCED LIFE SYSTEMS, INC.
and Cases 19-CA-096464
19-CA-096899
SERVICE EMPLOYEES
INTERNATIONAL UNION
ORDER DENYING MOTION
The Respondent’s amended motion to dismiss the consolidated complaint
is denied.1 The Respondent has failed to establish that it is entitled to judgment
as a matter of law.
Dated, Washington, D.C., June 24, 2013.
MARK GASTON PEARCE, CHAIRMAN
RICHARD F. GRIFFIN, JR., MEMBER
SHARON BLOCK, MEMBER

1 The Respondent contends that the Acting General Counsel does not validly
hold that position, that the Board does not have a valid quorum under Noel
Canning v. NLRB, 705 F.3d 490 (D.C. Cir. 2013), pet. for cert. pending, No. 12-
1281 (filed Apr. 25, 2013), and that therefore the Board’s appointment of the
Regional Director for Region 19 was not valid. For the reasons stated in Sub-
Acute Rehabilitation Center at Kearney d/b/a Belgove Post Acute Care Center,
359 NLRB No. 77 (2013), and Bloomingdale’s, Inc., 359 NLRB No. 113 (2013),
these arguments are rejected.