THE ARDIT COMPANY

National Labor Relations Board - Board Decisions

Apr 24, 2013

09-RC-083978 (N.L.R.B. Apr. 24, 2013)

1
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
THE ARDIT COMPANY
Employer
and Case 09-RC-083978
INTERNATIONAL UNION OF BRICKLAYERS
AND ALLIED CRAFTWORKERS, OHIO
KENTUCKY ADMINISTRATIVE COUNCIL,
LOCAL NO. 18
Petitioner

ORDER
The Employer’s Request for Review of the Regional Director’s Second Supplemental
Decision and Order is denied as it raises no substantial issues warranting review.1
MARK GASTON PEARCE, CHAIRMAN
RICHARD F. GRIFFIN, JR., MEMBER
SHARON BLOCK, MEMBER

Dated, Washington, D.C., April 24, 2013

1 The Respondent contends that the Board lacks a quorum because the President’s recess appointments are
constitutionally invalid. We reject this argument. We recognize that the United States Court of Appeals for the
District of Columbia Circuit has concluded that the President’s recess appointments were not valid. See Noel
Canning v. NLRB, 705 F.3d 490 (D.C. Cir. 2013). However, as the court itself acknowledged, its decision conflicts
with rulings of at least three other courts of appeals. See Evans v. Stephens, 387 F.3d 1220 (11th Cir. 2004), cert.
denied, 544 U.S. 942 (2005); U.S. v. Woodley, 751 F.2d 1008 (9th Cir. 1985); U.S. v. Allocco, 305 F.2d 704 (2d Cir.
1962). This question remains in litigation, and pending a definitive resolution, the Board is charged to fulfill its
responsibilities under the Act. See Sub-Acute Rehabilitation Center at Kearny, 359 NLRB No. 77, slip op. 1, fn.1
(2013).