IAP World Services

National Labor Relations Board - Unpublished Board Decisions

Aug 24, 2011

31-CA-029505 (N.L.R.B. Aug. 24, 2011)

1
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
IAP WORLD SERVICES, INC.
and Case 31-CA-29505
TEAMSTERS, CHAUFFEURS,
WAREHOUSEMEN, INDUSTRIAL
AND ALLIED WORKERS OF
AMERICA, LOCAL 166
ORDER
The Acting General Counsel’s Request for Special Permission to Appeal from
Administrative Law Judge William G. Kocol’s June 23, 2011 Order and the Acting General
Counsel’s Request to Stay the Judge’s Decision on Deferral are denied. We find that the
Acting General Counsel has failed to establish that the judge abused his discretion in
cancelling the unfair labor practice hearing and granting the Respondent’s motion to
accept the arbitration record and the arbitrator’s findings for the purpose of determining
whether the matter was resolved in accordance with Olin Corp 268 NLRB 573 (1984) and
Spielberg Mfg. Co. 112 NLRB 1080 (1955). Further, the Acting General Counsel has
failed to establish that any prejudice will result from the judge’s actions, in light of the fact
that the parties will have the opportunity to file exceptions to the judge’s order, which
issued on July 19, 2011.
Dated, Washington, D.C., August 24, 2011
______________________________
Wilma B. Liebman, Chairman
______________________________
Craig Becker, Member
______________________________
Mark Gaston Pearce, Member