Faurecia Automotive Seating

National Labor Relations Board - Board DecisionsSep 10, 2008

353 N.L.R.B. 24 (N.L.R.B. 2008)

DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD 353 NLRB No. 5 24 Faurecia Automotive Seating. Case 9–CA–44400 September 10, 2008 ORDER BY CHAIRMAN SCHAUMBER AND MEMBER LIEBMAN Counsel for the General Counsel’s motion to strike Employer’s reply in support of petition to revoke sub- poena and its request to file a surreply is denied.1 1 Effective midnight December 28, 2007, Members Liebman, Schaumber, Kirsanow, and Walsh delegated to Members Liebman, Schaumber, and Kirsanow, as a three-member group, all of the Board’s powers in anticipation of the expiration of the terms of Members Kir- sanow and Walsh on December 31, 2007. Pursuant to this delegation, Chairman Schaumber and Member Liebman constitute a quorum of the three-member group. As a quorum, they have the authority to issue decisions and orders in unfair labor practice and representation cases. See Sec. 3(b) of the Act. It has been the Board’s practice to follow D. L. Baker, Inc., 330 NLRB 521 fn. 4 (2000), with regard to requests to revoke subpoenas and to allow the moving party to file a reply brief, “just as a party filing exceptions under Section 102.46 is permitted to file such a brief . . . . [H]owever, surreply briefs are generally not permitted[.]”