B & H Foto & Electronics Corp.

National Labor Relations Board - Unpublished Board Decisions

Oct 27, 2017

29-CA-191326 (N.L.R.B. Oct. 27, 2017)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
B & H FOTO & ELECTRONICS CORP.
and Case 29-CA-191326
DISTRICT 2, UNITED STEEL, PAPER &
FORESTRY, RUBBER, MANUFACTURING,
ENERGY, ALLIED-INDUSTRIAL AND SERVICE
WORKERS INTERNATIONAL UNION, AFL-CIO-CLC
ORDER DENYING MOTION1
The Respondent’s motion to dismiss is denied. The Respondent has failed to
establish that the complaint allegations are moot and that there cannot be an
appropriate remedy in light of the alleged closure of one of the facilities involved in this
proceeding and the alleged impending closure of a second facility. Moreover, 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. The
Respondent’s request to hold the November 1, 2017 hearing in abeyance is also
denied.
Dated, Washington, D.C., October 27, 2017.
LAUREN McFERRAN, MEMBER
MARVIN E. KAPLAN, MEMBER
WILLIAM J. EMANUEL, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.