Merchants Building Maintenance LLC

National Labor Relations Board - Unpublished Board Decisions

Sep 26, 2012

28-CA-022660 (N.L.R.B. Sep. 26, 2012)

NOT INCLUDED IN
BOUND VOLUMES
HGB
Santa Fe, NM
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
MERCHANTS BUILDING MAINTENANCE, LLC
and Case 28-CA-022660
ELIZABETH CASTRO
and Case 28-CA-022882
AXEL CARMONA
ORDER DENYING
MOTION FOR RECONSIDERATION
On June 27, 2012, the National Labor Relations Board
issued a Decision and Order in this proceeding.1 The Board
found that the Respondent violated Section 8(a)(1) of the
Act by refusing to rehire 21 alleged discriminatees in
retaliation for their protected activity, and by unlawfully
threatening employees.
On July 25, 2012, the Respondent filed a Motion for
Reconsideration, asking the Board to “reconsider the record
and arguments made in the underlying proceeding” in light
of “errors” in the Board’s decision. On August 3, 2012,

1 358 NLRB No. 67.
2
the Acting General Counsel filed an opposition.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
Under Section 102.48(d) of the Board’s Rules and
Regulations, a motion for reconsideration must be justified
by “extraordinary circumstances.” As the Respondent has
provided no such justification and has raised no
substantial argument not previously considered by the
Board, we will deny the motion.
IT IS ORDERED that the Motion for Reconsideration is
denied.
Dated, Washington, D.C., September 26, 2012.
_________________________________
Brian E. Hayes, Member
_________________________________
Richard F. Griffin, Jr., Member
_________________________________
Sharon Block, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD