Cohen Ophthalmology & Consulting, Inc.

National Labor Relations Board - Unpublished Board Decisions

Dec 3, 2012

28-CA-086143 (N.L.R.B. Dec. 3, 2012)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
COHEN OPHTHALMOLOGY &
CONSULTING, INC.
and Case 28-CA-086143
MARINA Z. SANCHEZ
ORDER DENYING MOTION1
The Respondent’s Motion for Summary Judgment or Dismissal for Lack of
Jurisdiction is denied. The Respondent has failed to establish that there are no
genuine issues of material fact and that it is entitled to judgment as a matter of law.2
Dated, Washington, D.C., December 3, 2012.
MARK GASTON PEARCE, CHAIRMAN
RICHARD F. GRIFFIN, JR., MEMBER
SHARON BLOCK, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding
to a three-member panel.
2 The Acting General Counsel argues that the Respondent’s motion should be
dismissed as untimely because it was filed with the Division of Judges in San
Francisco 28 days prior to the December 11, 2012 hearing rather than with the
Board as required by Sec. 102.24(b) of the Board’s Rules and Regulations. In light
of the fact that no party has shown that it was prejudiced by the Respondent’s
procedural error in filing its motion with the Division of Judges we accept the motion
as timely filed.