Fry's Electronics, Inc.

National Labor Relations Board - Unpublished Board Decisions

Sep 30, 2010

28-CA-022784 (N.L.R.B. Sep. 30, 2010)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
FRY’S ELECTRONICS. INC.
and Case 28-CA-22784
MARTHA BOJORQUEZ
ORDER
The request of the Acting General Counsel for special permission to appeal
Administrative Law Judge Gerald A. Wacknov’s Orders of July 6 and July 16, 2010, is
granted in part and denied in part. We grant the General Counsel’s request for special
permission to appeal the administrative law judge’s July 6 order cancelling the hearing
and revoking the General Counsel’s subpoena duces tecum,1 and his July 16 order
voiding the General Counsel’s second amended complaint. We therefore reverse the
judge’s order revoking the subpoena duces tecum, and remand the Respondent’s
petition to revoke for a ruling pursuant to Section 102.31(b) of the Board’s Rules and
Regulations.
We also reverse the judge’s order nullifying the second amended complaint and
direct the Respondent to file an answer within fourteen days from the date of this Order.
Finally, we grant the Acting General Counsel’s request that the case be remanded for a
hearing, to be re-scheduled in consultation with the parties, but deny his request that

1 We need not rule on the General Counsel’s request for special permission to
appeal the judge’s order setting a date for submission of briefs because this issue is
moot.
2
the case be reassigned to a different administrative law judge.
Dated Washington, D.C., September 30, 2010
___________________________________
Wilma B. Liebman, Chairman
__________________________________
Craig Becker, Member
___________________________________
Mark Gaston Pearce, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD