Mercy, Inc. d/b/a AMR Las Vegas

National Labor Relations Board - Unpublished Board Decisions

Sep 28, 2020

28-CA-241256 (N.L.R.B. Sep. 28, 2020)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
MERCY, INC. D/B/A AMR LAS VEGAS
and Case 28-CA-241256
AMERICAN FEDERATION OF STATE
COUNTY AND MUNICIPAL EMPLOYEES
AFSCME LOCAL 4041 (AFSCME LOCAL 4041,
EMS WORKERS UNITED-AFSCME)
ORDER
The Respondent’s Motion to Dismiss the complaint is denied. The Respondent cites
no authority for its argument that the complaint must be dismissed because of undue delay.
Indeed, it would be hard-pressed to do so; the unambiguous weight of both Board and
Supreme Court authority holds that delay in the Board’s processing of a case does not
provide grounds to circumvent the administrative process and invalidate its eventual decision
and order. “[T]he Board is not required to place the consequences of its own delay, even if
inordinate, upon wronged employees to the benefit of wrongdoing employers.” NLRB v. J.H.
Rutter-Rex Manufacturing Co., 396 U.S. 258, 265 (1969) (citing NLRB v. Electric Vacuum
Cleaner Co., 315 U.S. 685, 698 (1942); NLRB v. Katz, 369 U.S. 736, 748 n.16 (1962)). See
also, e.g., Entergy Mississippi v. NLRB, 810 F.3d 287 (5th Cir. 2015) (“[T]he United States
and its agencies are not subject to the defense of laches when enforcing a public right.”).
Accordingly, the Respondent has not demonstrated that the complaint fails to state a claim
upon which relief can be granted and that it is entitled to judgment as a matter of law.
Dated, Washington, D.C., September 28, 2020.
MARVIN E. KAPLAN, MEMBER
2
WILLIAM J. EMANUEL, MEMBER
LAUREN McFERRAN, MEMBER