K-VA-T FOOD STORES, INC. D/B/A FOOD CITY

National Labor Relations Board - Unpublished Board Decisions

May 18, 2012

09-CA-046125 (N.L.R.B. May. 18, 2012)

May 18, 2012
Re: K-VA-T Food Stores, Inc, d/b/a Food City
Case 09-CA-046125 et al.
ORDER
Counsel for the Acting General Counsel has filed a Motion to Strike a
Portion of Respondent’s Brief in Support of Exceptions. Counsel seeks to strike
the Respondent’s brief in support of its exceptions to the judge’s decision to the
extent it raises the argument that private settlements entered into with three of its
employees who the administrative law judge found were unlawfully discharged
precludes all remedial relief for those employees. The Respondent’s exceptions
contest the judge’s findings of violation, but the exceptions do not state that the
discharged employees are entitled to no remedial relief in the event that the
discharges are found to be unlawful. The Respondent filed no exceptions to any
of the judge’s proposed remedies. The argument in the Respondent’s brief that
asserts that the discharged employees are entitled to no remedial relief because
of private settlements raises a new argument not found in the Respondent’s
exceptions. Accordingly, we shall disregard that argument pursuant to Section
102.46(c) of the Board’s Rules and Regulations. See A-1 Door, 356 NLRB No.
76 (2011); Engineered Comfort Systems, 346 NLRB 661, 661 (2006). The
Motion to Strike a Portion of Respondent’s Brief in Support of Exceptions is
granted. By direction of the Board:1
Gary Shinners
Deputy Executive Secretary

1 Inasmuch as the Board has the authority to address remedial issues sua
sponte, Member Hayes finds no need to pass on the motion to strike.
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