International Brotherhood of Electrical Workers, Local 640 (Sturgeon Electric Company, Inc.)

National Labor Relations Board - Unpublished Board Decisions

May 28, 2021

28-CB-244943 (N.L.R.B. May. 28, 2021)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, LOCAL 640, AFL-CIO
(STURGEON ELECTRIC COMPANY, INC.)
and Case 28-CB-244943
NICK BATHURST
ORDER1
The Respondent’s motion to dismiss paragraph 5 of the complaint is denied.
Contrary to the Respondent’s assertion, paragraph 5 provides sufficient information to
satisfy the notice-pleading requirements of Section 102.15 of the Board’s Rules.
Furthermore, the Respondent’s denial of the factual allegations of paragraphs 5(a) and
1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2
(b) indicates that there are genuine issues of material fact warranting a hearing.2
Dated, Washington, D.C., May 28, 2021.
LAUREN McFERRAN, CHAIRMAN
MARVIN E. KAPLAN, MEMBER
WILLIAM J. EMANUEL, MEMBER
2 The Acting General Counsel argues that the Respondent’s motion should be dismissed
as procedurally defective under Section 102.24(b) of the Board’s Rules because it was
filed with the Regional Director rather than the Board. The Board will accept as timely
documents that have been mistakenly filed with another part of the Agency where no
prejudice is shown. See, e.g., Glass Fabricators, Inc., 365 NLRB No. 125 (2017).
To the extent that the Respondent's motion to dismiss can be construed as an argument
that the Respondent is entitled to summary judgment as a matter of law on the
allegations set forth in par. 5(b) of the complaint, we find that argument to be without
merit.