Career Systems Development Corporation

National Labor Relations Board - Unpublished Board Decisions

Jan 23, 2012

01-CA-046727 (N.L.R.B. Jan. 23, 2012)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
CAREER SYSTEMS DEVELOPMENT CORPORATION
and Case 1-CA-046727
MAINE EDUCATION ASSOCIATION
ORDER DENYING MOTION
The Charging Party’s Motion for Summary Judgment, which is supported
by the Region, is denied. The Charging Party and the Region have failed to
establish that there are no genuine issues of material fact warranting a hearing,
and that they are entitled to judgment as a matter of law. Specifically, we find
that the complaint is ambiguous as to whether it is alleging a violation regarding
the failure to bargain over the decision to layoff employees or the effects of that
decision; that the Region’s motion in support of the Charging Party’s motion and
the Region’s reply to the Notice to Show Cause appear to advance inconsistent
positions with respect to the nature of the alleged violation; and that the remedy
sought by the Region in its reply to the Notice to Show Cause appears to be
inconsistent with the nature of the allegation as set forth therein.
Dated, Washington, D.C. January 23, 2012
MARK GASTON PEARCE, CHAIRMAN
BRIAN E. HAYES , MEMBER
RICHARD F. GRIFFIN, Jr. MEMBER