JRN, Inc.

National Labor Relations Board - Board Decisions

Dec 21, 2016

10-CA-172802 (N.L.R.B. Dec. 21, 2016)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
JRN, INC.
and Case 10-CA-172802
CHERYL L. MILES-JONES
ORDER DENYING MOTION
The General Counsel’s Motion for Summary Judgment is denied. The General
Counsel has failed to establish that there are no genuine issues of material fact
warranting a hearing and that he is entitled to judgment as a matter of law. This denial
is without prejudice to the ability of the General Counsel to renew his motion, in whole
or in part, before the administrative law judge.1
Dated, Washington, D.C. December 21, 2016.
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
LAUREN McFERRAN, MEMBER

1 Member Miscimarra concludes that the pleadings and the Respondent’s opposition to
the motion for summary judgment indicate that there may be issues of fact regarding the
Respondent’s Electronic Communications Policy. Further, the complaint apparently
does not include policy language that may be relevant to the legality of the
Respondent’s Confidentiality Policy and its Conflict of Interest Policy.
Additionally, Member Miscimarra would deny the General Counsel’s motion for
summary judgment based on the legal principles stated in his separate opinions in
Schwan’s Home Service, 364 NLRB No. 20, slip op. at 8-20 (2016) (Member
Miscimarra, concurring in part and dissenting in part); William Beaumont Hospital, 363
NLRB No. 162, slip op. at 7-24 (2016) (Member Miscimarra, concurring in part and
dissenting in part); and Purple Communications, Inc., 361 NLRB No. 126, slip op. at 18-
28 (2014) (Member Miscimarra, dissenting).