Corinthian Contractors, Inc.

National Labor Relations Board - Unpublished Board Decisions

Jun 3, 2013

05-CA-095938 (N.L.R.B. Jun. 3, 2013)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
CORINTHIAN CONTRACTORS, INC.
and Case 05-CA-095938
CONSTRUCTION AND GENERAL
LABORERS’ LOCAL 657 A/W
LABORERS’ INTERNATIONAL UNION
OF NORTH AMERICA
ORDER
The Respondent’s request for special permission to appeal1 from Deputy Chief
Administrative Law Judge Arthur J. Amchan’s April 16, 2013 Order denying the
Respondent’s motion to stay the proceedings is denied.2
Dated, Washington, D.C., June 3, 2013.
MARK GASTON PEARCE, CHAIRMAN
RICHARD F. GRIFFIN, JR., MEMBER
SHARON BLOCK, MEMBER

1 On May 8, 2013, the Respondent filed a document entitled “Employer’s Exceptions to
the Decision of Deputy Chief Administrative Law Judge Arthur J. Amchan.” The
Respondent stated that the document was filed pursuant to Sec. 102.46 of the Board’s
Rules and Regulations. That section addresses exceptions to be filed to an
administrative law judge’s decision after the proceeding has been transferred to the
Board. Because the Respondent is seeking revocation of the judge’s order denying its
motion, it appears that the Respondent intended to file a request for special permission
to file an appeal from the judge’s order, as contemplated by Section 102.26 of the
Board’s Rules and Regulations. Accordingly, we construe it as such.
2 In denying the motion, the judge correctly noted that the Board has held that the
question of the validity of the President’s recess appointments remains in litigation and,
pending a definitive resolution, the Board is charged to fulfill its responsibilities under
the Act. In addition, we observe that the issue of whether the Board has a quorum is
irrelevant to the proceedings at this stage, as the Acting General Counsel continues to
have the authority to investigate and prosecute unfair labor practice charges. See
Bloomingdale’s, Inc., 359 NLRB No. 113 (2013).