Marquez Brothers Enterprises, Inc.

National Labor Relations Board - Unpublished Board Decisions

Jan 17, 2018

21-CA-039581 (N.L.R.B. Jan. 17, 2018)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
MARQUEZ BROTHERS ENTERPRISES, INC.
and Cases 21-CA-039581
ALFONSO MARES
and 21-CA-039609
JAVIER AVILA
ORDER1
The Respondent’s motion for reconsideration of the Board’s September 7, 2017
Order granting the General Counsel’s special appeal of Administrative Law Judge Lisa
Thompson’s ruling prohibiting the General Counsel from questioning any witnesses
other than the compliance officer concerning the discriminatees’ interim earnings is
denied. The Respondent has not identified any material error or demonstrated
extraordinary circumstances warranting reconsideration under Section 102.48(d)(1) of
the Board’s Rules and Regulations.
Dated, Washington, D.C., January 17, 2018
MARVIN E. KAPLAN, CHAIRMAN2
MARK GASTON PEARCE, MEMBER
LAUREN McFERRAN, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 Chairman Kaplan did not participate on the panel for the order reversing the judge's
imposition of sanctions on the General Counsel for discriminatees' failure to comply with
subpoenas duces tecum, and he does not pass on the rationale for reversal. However,
he agrees with his colleagues here that the Respondent has not raised any arguments
not previously considered by the Board or identified any extraordinary circumstances
warranting reconsideration.