Lehigh University

National Labor Relations Board - Unpublished Board Decisions

Feb 11, 2021

04-CA-243399 (N.L.R.B. Feb. 11, 2021)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
LEHIGH UNIVERSITY
and Cases 04-CA-243399
04-CA-247234
HOLLY FERENO
ORDER1
The General Counsel’s request for special permission to appeal from Deputy
Chief Administrative Law Judge Arthur J. Amchan’s November 19, 2020 Order from the
bench approving an undisclosed non-Board agreement and the withdrawal of the
charges, and dismissing the complaint, as well as his written November 23, 2020 Order
remanding this proceeding to the Regional Director, is granted. On the merits, the
appeal is also granted.
The General Counsel argues that the judge improperly issued the above orders
without allowing the General Counsel an opportunity to review the terms of the
agreement reached by the Respondent and the Charging Party. Thus, the General
Counsel had no basis for formulating a position regarding the agreement for
consideration by the judge, the Regional Director, and the Board. In Independent Stave
Co., 287 NLRB 740, 743 (1987), the Board set forth several factors, including the
position of the General Counsel, to be examined in determining whether to approve
settlement agreements. We find that by foreclosing the General Counsel’s review of the
agreement and instead focusing primarily on a single other factor, the nature of the
1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2
alleged violations, i.e., violations of Section 8(a)(1) in the absence of discharges or an
organizing campaign, the judge abused his discretion.
We further find that the judge abused his discretion by remanding the proceeding
to the Regional Director after approving the withdrawal of the charges and the dismissal
of the complaint, but without any direction concerning the purpose of the remand.
Therefore, we remand the proceeding to the judge for further appropriate action,
including, if appropriate, the resumption of settlement discussions not dependent on the
nondisclosure to the General Counsel, the Regional Director, or the Board of the terms
of any final agreement.
Dated, Washington, D.C., February 11, 2021.
LAUREN McFERRAN, CHAIRMAN
WILLIAM J. EMANUEL, MEMBER
JOHN F. RING, MEMBER