American Plumbing Contractors, Inc.

National Labor Relations Board - Unpublished Board Decisions

May 7, 2021

07-CA-255076 (N.L.R.B. May. 7, 2021)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
AMERICAN PLUMBING CONTRACTORS, INC.
and Case 07-CA-255076

LOCAL 333, UNITED ASSOCIATION OF
JOURNEYMEN AND APPRENTICES OF
THE PLUMBING AND PIPEFITTING
INDUSTRY OF THE UNITED STATES
AND CANADA, (UA), AFL-CIO
ORDER1
The Respondent’s Motion to Dismiss the complaint due to the Acting General Counsel’s
lack of authority to prosecute this case or, in the alternative, to stay the instant proceedings, is
denied. Even assuming, arguendo, that the Board has jurisdiction to review the President’s
removal of the former General Counsel, we have determined that it would not effectuate the
policies of the Act to exercise this jurisdiction. See National Assoc. of Broadcast Employees and
Technicians – the Broadcasting and Cable Television Workers Sector of the CWA, AFL-CIO,
Local 51, 370 NLRB No. 114, slip op. at 2 (April 30, 2021).
Dated, Washington, D.C., May 7, 2021.
LAUREN McFERRAN CHAIRMAN
MARVIN E. KAPLAN MEMBER
WILLIAM J. EMANUEL MEMBER
1 The Board has delegated its authority in this proceeding to a three-member panel.