Comau, Inc.

National Labor Relations Board - Unpublished Board Decisions

Feb 8, 2012

07-CA-052614 (N.L.R.B. Feb. 8, 2012)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
COMAU, INC.
and Cases 7-CA-52614
7-CA-52939
AUTOMATED SYSTEMS WORKERS LOCAL
1123, affiliated with CARPENTERS
INDUSTRIAL COUNCIL, UNITED
BROTHERHOOD OF CARPENTERS
AND JOINERS OF AMERICA
and
COMAU EMPLOYEES ASSOCIATION
and 7-CB-16912
AUTOMATED SYSTEMS WORKERS LOCAL
1123, affiliated with CARPENTERS
INDUSTRIAL COUNCIL, UNITED
BROTHERHOOD OF CARPENTERS
AND JOINERS OF AMERICA
ORDER VACATING AND SETTING ASIDE DECISION AND ORDER
The Comau Employees Association’s motion for rescission and
reconsideration is granted. On January 3, 2012, the Board
issued a decision and order finding that Comau, Inc. and the
Comau Employees Association, respectively, violated Sections
8(a)(1), (2), (3) and (5) and 8(b)(1)(A) and (2) of the Act.
357 NLRB No. 185. As the Comau Employees Association correctly
contends in its motion, the Decision and Order states that it
did not file exceptions to the judge’s decision in this case.
Supra, slip. op. at 1, fn. 1. However, the Board had received,
2
but through inadvertence was not aware of, the Comau Employees
Association’s exceptions and a supporting brief, a reply brief
to the Acting General Counsel’s answering brief, and a brief in
opposition to the Acting General Counsel’s cross-exceptions,
which had been timely filed.
We find that the failure to consider the Comau Employees
Association’s exceptions and briefs constitutes material and
prejudicial error within the meaning of Section 102.48(d)(1) of
the Board’s Rules and Regulations. Accordingly, we shall grant
the Comau Employees Association’s unopposed motion, vacate the
January 3, 2012 Decision and Order, and reconsider the case de
novo.
IT IS ORDERED that the Board’s Decision and Order, 357 NLRB
No. 185, is vacated.1
Dated, Washington, D.C., February 8, 2012.
_________________________________
MARK GASTON PEARCE, CHAIRMAN
_________________________________
BRIAN E. HAYES, MEMBER
_________________________________
RICHARD F.GRIFFIN, JR., MEMBER
(SEAL) NATIONAL LABOR RELATIONS BOARD

1 A new decision and order will issue at a later date.