CASCADES CONTAINERBOARD PACKAGING – NIAGARA, A DIVISION OF CASCADES HOLDING US INC.

National Labor Relations Board - Unpublished Board Decisions

Jul 12, 2021

03-CA-242367 (N.L.R.B. Jul. 12, 2021)

NOT INCLUDED IN McKER
BOUND VOLUMES Niagara Falls, NY
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
CASCADES CONTAINERBOARD PACKAGING --
NIAGARA, A DIVISION OF CASCADES HOLDING
US INC.
and Cases 03-CA-242367
03-CA-243854
03-CA-248951
INTERNATIONAL ASSOCIATION OF
MACHINISTS AND AEROSPACE WORKERS,
DISTRICT LODGE 65, AFL-CIO
ORDER DENYING MOTION
The Respondent’s motion for reconsideration of the Board’s Decision and Order reported
at 370 NLRB No. 76 (2021) is denied. The Respondent has not identified any material error or
demonstrated extraordinary circumstances warranting reconsideration under Section 102.48(c)(1)
of the Board’s Rules and Regulations.1
1 In the alternative to its motion for reconsideration and to dismiss the complaint, the Respondent
moves the Board to remand the case to the judge “for further proceedings on the subject of
control over the profit-sharing plan.” Specifically, the Respondent argues that the judge and the
Board erroneously placed the burden on the Respondent to prove that it did not control the profit-
sharing plan (and changes to the plan payments) and that, regardless, it should have an additional
opportunity to introduce evidence regarding this factual issue. We deny the Respondent’s
alternative motion to remand. The judge properly drew an adverse inference that the Respondent
controlled the profit-sharing plan from its refusal to produce relevant evidence subpoenaed by
the General Counsel on this issue. In addition, he correctly observed that even apart from this
adverse inference, the record indicated that the Respondent bore responsibility for the reduction
of the profit-sharing payments. Further, he properly rejected the Respondent’s argument to the
contrary as, among other things, “unworthy of credence” and “implausible.” The Respondent
has not identified any grounds warranting rehearing or reopening of the record under Sec.
102.48(c)(1).
2
Dated, Washington, D.C., July 12, 2021.
___________________________________
Lauren McFerran, Chairman
___________________________________
Marvin E. Kaplan, Member
___________________________________
William J. Emanuel, Member
___________________________________
John F. Ring, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD