Taste of the West, LLC d/b/a DQ Grill & Chill Restaurant

National Labor Relations Board - Board Decisions

Sep 14, 2016

10-CA-173203 (N.L.R.B. Sep. 14, 2016)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
TASTE OF THE WEST, LLC d/b/a
DQ GRILL & CHILL RESTAURANT
and Case 10-CA-173203
KRISTI LEE MINOR
ORDER DENYING MOTION
The Respondent’s Motion for Dismissal of the Complaint is denied. The
Respondent has failed to establish that there are no genuine issues of material fact
warranting a hearing and that it is entitled to judgment as a matter of law.1
Dated, Washington, D.C., September 14, 2016
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
LAUREN McFERRAN, MEMBER

1 Member Miscimarra agrees with the denial of the Respondent’s motion as stated in
the Board’s Order. As Member Miscimarra stated in L’Hoist North America of
Tennessee, Inc., 362 NLRB No. 110, slip op. at 3 (2015) (concurring), “in response to a
motion for summary judgment, I believe that the General Counsel at least must explain
in reasonably concrete terms why a hearing is required. Under the standard that
governs summary judgment determinations, this will normally require the General
Counsel to identify material facts that are genuinely in dispute.” See also Leukemia and
Lymphoma Society, 363 NLRB No. 124, slip op. at 2 (2016) (Member Miscimarra,
dissenting). In the instant case (which is the equivalent of a summary judgment
proceeding) the General Counsel has provided a relatively sparse opposition to the
Respondent’s arguments, but he has still described, in reasonably concrete terms, why,
based on material facts that are genuinely in dispute, a hearing is required.