Remington Lodging & Hospitality LLC d/b/a The Sheraton Anchorage

National Labor Relations Board - Unpublished Board Decisions

Aug 1, 2012

19-CA-032148 (N.L.R.B. Aug. 1, 2012)

August 1, 2012
Re: Remington Lodging & Hospitality, LLC,
d/b/a The Sheraton Anchorage
Cases 19-CA-32148, et al.
The Respondent’s Motion for Leave to Supplement the Record is denied
under Section 102.48(d) of the Board’s Rules and Regulations. See USF Red
Star, Inc., 339 NLRB 389, 389 fn.3 (2003) (applying Section 102.48(d) in ruling
on a motion to reopen a record filed after issuance of an administrative law
judge’s decision but before issuance of a Board decision). The Respondent’s
motion is untimely as it was filed more than 4 months after it “discover[ed]” the
10(j) materials that it seeks to enter into the record.1 Further, the Respondent
has failed to state how any evidence in the 10(j) record warrants an outcome
different from that reached by the administrative law judge.2
By direction of the Board:
Farah Z. Qureshi
Associate Executive Secretary

1 While the motion was filed 1 week after the federal district court clarified its February
2, 2012 order on June 11, 2012, the Respondent fails to explain how the court’s
clarification excuses the Respondent’s failure to file its motion earlier.
2 To the extent that the Respondent seeks to supplement the record with the district
court’s 10(j) orders to identify interim remedies the court has imposed for its alleged
unfair labor practices, that information is irrelevant at this stage of the proceeding.
However, those orders are public documents, and administrative notice can be taken of
them, if relevant, in any later compliance
proceeding.
United States Government
NATIONAL LABOR RELATIONS BOARD
1099 14th STREET NW
WASHINGTON DC 20570