REV-A-SHELF COMPANY, L

National Labor Relations Board - Unpublished Board Decisions

May 7, 2021

09-CA-270793 (N.L.R.B. May. 7, 2021)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
REV-A-SHELF COMPANY, LLC
and Case 09-CA-270793
GENERAL DRIVERS, WAREHOUSEMEN
AND HELPERS, LOCAL UNION NO. 89,
AFFILIATED WITH THE INTERNATIONAL
BROTHERHOOD OF TEAMSTERS
ORDER1
The Respondent’s motion to dismiss the complaint is denied. The Respondent
argues that President Biden’s removal of former General Counsel Peter Robb before the
end of Robb’s statutory four-year term violated Section 3(d) of the Act. Consequently,
the Respondent asserts, the President’s appointment of Peter Sung Ohr as Acting
General Counsel was also invalid, and Ohr lacks authority to issue or prosecute
complaints.2 Even assuming, arguendo, that the Board has jurisdiction to review the
actions of the President, the exercise of this jurisdiction would not effectuate the policies
of the Act. National Assoc. of Broadcast Employees and Technicians – The Broadcasting and
Cable Television Workers Sector of the CWA, AFL-CIO, Local 51 (American Broadcasting
Companies), 370 NLRB No. 114, slip op. at 2 (2021) (authority to withdraw exceptions);
1 The Board has delegated its authority in this proceeding to a three-member panel.
2 The Respondent does not argue that there are no genuine issues of fact requiring a
hearing. In any event, we would find no merit to a motion on this basis, because the
Respondent’s motion and the attached exhibits suggest the presence of numerous such
issues. See Sec. 102.24(b) of the Board’s Rules and Regulations.
2
Exela Enterprise Solutions, Inc., 370 NLRB No. 120, slip op. at 1 (2021) (authority to issue
complaint in test-of-certification proceeding). Accordingly, we deny the Respondent’s
motion.
Dated, Washington, D.C., May 7, 2021.
MARVIN E. KAPLAN, MEMBER
WILLIAM J. EMANUEL, MEMBER
JOHN F. RING, MEMBER