Midwest Telephone Service, Inc.

National Labor Relations Board - Unpublished Board Decisions

Mar 21, 2013

08-CA-038901 (N.L.R.B. Mar. 21, 2013)

Girard, OH
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
MID-WEST TELEPHONE SERVICE, INC.
and
WILFREDO PLACERES, DUSTIN PORTER,
BEN FANNIN AND MICHAEL WILLIAMS
Cases 08-CA-038901
08-CA-039168
08-CA-039297
08-CA-039398
08-CA-039334
SECOND SUPPLEMENTAL DECISION AND ORDER
On October 19, 2012, the Respondent, Mid-West Telephone Service, Inc., filed
with the Board in Washington, D.C., an Application for Attorney’s Fees and Expenses
pursuant to the Equal Access to Justice Act. By Order dated January 17, 2013, the
Board referred the Respondent’s application to Administrative Law Judge Mark
Carissimi for appropriate action. Thereafter, on February 4, 2013, the Administrative
Law Judge issued his Supplemental Decision and Order granting the Acting General
Counsel’s motion to dismiss the Respondent’s application for attorney’s fees under the
Equal Justice Act and, on the same date, the proceeding was transferred to and
continued before the Board in Washington D.C. In his Supplemental Decision and
Order, the Administrative Law Judge found that the Acting General Counsel’s position
was substantially justified with respect to the allegation in the complaint regarding the
discharge of employee Wilfredo Placeres.
No statement of exceptions having been filed with the Board, and the time
allowed for such filing having expired,
Pursuant to Section 10(c) of the National Labor Relations Act, as amended, and
Section 102.48 of the National Labor Relations Board Rules and Regulations, the Board
adopts the findings and conclusions of the Administrative Law Judge as contained in his
Supplemental Decision and Order, and the recommended Order of the Administrative
Law Judge becomes the Order of the Board. Accordingly,
The Respondent’s Application for Attorney’s Fees and Expenses is dismissed.
Dated, Washington, D.C., March 21, 2013.
By direction of the Board:
/s/Farah Z. Qureshi
_____________________________
Associate Executive Secretary