Laboratory Corporation of America Holdings

National Labor Relations Board - Board Decisions

Apr 2, 2013

22-RC-096952 (N.L.R.B. Apr. 2, 2013)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
LABORATORY CORPORATION OF
AMERICA HOLDINGS
Employer
and Case 22-RC-096952
DISTRICT 1199J, NUHHCE, AFSCME,
AFL-CIO
Petitioner
ORDER
The Employer’s Request for Review of the Regional Director’s denial of its
motion to dismiss is denied as it raises no substantial issues warranting review.1 The
Employer’s Request for Special Permission to Appeal the Regional Director’s Direction
of a Mail Ballot Election is granted. Because the Regional Director did not abuse his
discretion, the appeal is denied on its merits.
MARK GASTON PEARCE, CHAIRMAN
RICHARD F. GRIFFIN, JR., MEMBER
SHARON BLOCK, MEMBER
Dated, Washington, D.C., April 2, 2013

1The Employer contends that the Board lacks a quorum because the President’s recess
appointments are constitutionally invalid. We reject this argument. We recognize that
the United States Court of Appeals for the District of Columbia Circuit has concluded
that the President’s recess appointments were not valid. See Noel Canning v. NLRB, 705
F.3d 490 (D.C. Cir. 2013). However, as the court itself acknowledged, its decision
conflicts with rulings of at least three other courts of appeals. See Evans v. Stephens, 387
F.3d 1220 (11th Cir. 2004), cert. denied, 544 U.S. 942 (2005); U.S. v. Woodley, 751 F.2d
1008 (9th Cir. 1985); U.S. v. Allocco, 305 F.2d 704 (2d Cir. 1962). This question
remains in litigation, and pending a definitive resolution, the Board is charged to fulfill its
responsibilities under the Act. See Sub-Acute Rehabilitation Center at Kearny, 359
NLRB No. 77, slip op. 1, fn.1 (2013).