Chicago Hotel Master Lessee LLC & Sage Hospitality Resources LLC, a Single Integrated Enterprise, an

National Labor Relations Board - Unpublished Board Decisions

Dec 20, 2010

13-CA-045089 (N.L.R.B. Dec. 20, 2010)

December 20, 2010
Re: Chicago Hotel Master Lessee, LLC,
and Sage Hospitality Resources, LLC,
a Single Integrated Enterprise, Single
Employer and/or Joint Employers d/b/a
Blackstone, a Renaissance Hotel
Cases 13-CA-45089 et al.
SUPPLEMENTAL ORDER
Respondent’s Motion for Clarification of the Board’s November 22, 2010
Order and Motion to Strike Answering Briefs of Charging Party and Counsel for
the General Counsel are denied
In its November 22, 2010 Order, the Board denied Respondent’s request
that its post-hearing brief to the judge be transferred to the Board, but reserved
the right to refer to the brief to clarify the judge’s rulings as necessary.
Respondent now seeks to clarify whether the Respondent’s brief to the judge is
part of the record. It is premature at this time to determine which parts of the
brief to the judge, if any, the Board will consult. Respondent may resubmit its
motion for clarification after the Board issues its decision.
Also in its November 22 Order, the Board granted counsel for the General
Counsel’s Motion to Strike Respondent’s August 27, 2010 Brief in support of
Exceptions because it was submitted using smaller type than that required by the
Board’s Rules. Respondent, however, was permitted to refile the brief in the
correct type size. Respondent contends that in order to stay within the 90-page
limit, which it had been previously granted, it was forced to drastically edit the
original brief. It now moves to strike the Charging Party’s and General Counsel’s
answering briefs because they responded to the rejected brief that was
substantially altered when it was refiled. Alternatively, Respondent requests that
the Board retain as part of the record its original Exceptions and Brief in Support.
United States Government
NATIONAL LABOR RELATIONS BOARD
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It appears that Respondent misunderstood the November 22 Order.
Respondent refiled a document that is comprised of both a list of Exceptions
followed by its Brief in support, which totals 90 pages. The Exceptions portion is
22½ pages and the Brief portion is 67½ pages. Thus, the brief portion of the
submission is more than 22 pages under the 90-page limit. Respondent alleged
in the earlier Motion that a resubmission of the brief portion would probably not
exceed the 90-page limit if it had to resubmit the brief in the correct type, which is
exactly what the Board requested it to do in its November 22 Order.
Accordingly, although we deny the Motion to Strike the Charging Party’s
and General Counsel’s Answering Briefs and the alternative request that the
rejected brief be made part of the record, Respondent may resubmit the brief
portion of its August 27, 2010 submission, not to exceed 90 pages, in the correct
type size. In our view, and consistent with Respondent’s earlier contention, that
may be accomplished with little editing and alterations. The due date for the
filing of the conformed brief portion is December 27, 2010. No extensions
will be granted for the filing of this document.
By direction of the Board:
Richard D. Hardick
Associate Executive Secretary