Latino Express, Inc.

National Labor Relations Board - Unpublished Board Decisions

Jun 11, 2013

13-CA-077678 (N.L.R.B. Jun. 11, 2013)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
LATINO EXPRESS, INC.
and Cases 13-CA-077678
13-CA-078126
TEAMSTERS LOCAL UNION NO. 777 13-CA-078127
AFFLIATED WITH THE INTERNATIONAL 13-CA-078765
BROTHERHOOD OF TEAMSTERS, AFL-CIO 13-CA-082141
ORDER DENYING MOTIONS
The Respondent’s motions to dismiss the consolidated complaint and to
stay the proceedings are denied.1
Dated, Washington, D.C., June 11, 2013.
MARK GASTON PEARCE, CHAIRMAN
RICHARD F. GRIFFIN, JR., MEMBER
SHARON BLOCK, MEMBER

1 The Respondent contends that the Board does not have a valid quorum under
Noel Canning v. NLRB, 705 F.3d 490 (D.C. Cir. 2013), and that therefore all
actions of the Board, including those of its appointees, agents, and delegatees,
are void ab initio. The Respondent also appears to argue that the Acting General
Counsel lacks the power to investigate and prosecute charges of unfair labor
practices in the absence of a Board quorum. For the reasons stated in
Bloomingdale’s, Inc., 359 NLRB No. 113 (2013), these arguments are rejected.