Interbake Foods, LLC

National Labor Relations Board - Unpublished Board Decisions

Jul 27, 2009

05-CA-033158 (N.L.R.B. Jul. 27, 2009)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
INTERBAKE FOODS, LLC
and Cases 5-CA-33158
5-CA-33300
BAKERY, CONFECTIONARY, TOBACCO 5-CA-34261
WORKERS AND GRAIN MILLERS INTERNATIONAL 5-CA-34775
UNION (BCTGM), LOCAL 68 5-RC-16210

ORDER1
The Respondent’s motion to strike or for partial summary judgment is denied.
The Respondent has failed to establish that there are no material issues of fact and that
it is entitled to judgment as a matter of law.2
Dated, Washington, D.C., July 27, 2009.
WILMA B. LIEBMAN, CHAIRMAN
PETER C. SCHAUMBER, MEMBER

1Effective 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
Kirsanow and Walsh on December 31, 2007. Pursuant to this delegation, Chairman
Liebman and Member Schaumber 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. See Snell Island SNF LLC v.
NLRB, 568 F.3d 410 (2d Cir. 2009); New Process Steel v. NLRB, 564 F.3d 840 (7th Cir.
2009), petition for cert. filed 77 U.S.L.W. 3670 (U.S. May 22, 2009) (No. 08-1457);
Northeastern Land Services v. NLRB, 560 F.3d 36 (1st Cir. 2009), rehearing denied No.
08-1878 (May 20, 2009). But see Laurel Baye Healthcare of Lake Lanier, Inc. v. NLRB,
564 F.3d 469 (D.C. Cir. 2009), petitions for rehearing denied Nos. 08-1162, 08-1214
(July 1, 2009).
2 Accordingly, we find it unnecessary to reach the General Counsel’s argument that the
motion is untimely.