The GEO Group, Inc.

National Labor Relations Board - Board Decisions

Feb 26, 2013

28-CA-076869 (N.L.R.B. Feb. 26, 2013)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
THE GEO GROUP, INC.
and Cases 28-CA-076869
28-CA-082747
INTERNATIONAL UNION, SECURITY,
POLICE AND FIRE PROFESSIONALS
OF AMERICA (SPFPA) and its LOCAL NO. 827
and Case 28-CA-082651
JENNA AUSEMA
ORDER1
The Acting General Counsel’s request for special permission to appeal
Administrative Law Judge Gerald A. Wacknov’s October 31, 2012 postponement of the
hearing on the merits in this case, taking under advisement the settlement agreements
proposed by the parties, and declining to hear statements from alleged discriminatees
Douglas Long, Sofia Hines, and Jessica Gonzales is denied. The Acting General
Counsel has failed to establish that the judge abused his discretion, as set forth in

1 In its opposition, the Respondent argues, inter alia, that the Board lacks a quorum
because the President's recess appointments are constitutionally invalid. The
Respondent renews these arguments in its February 11, 2013 motion to stay further
proceedings in this case. We reject this argument. We recognize that the United States
Court of Appeals for the District of Columbia Circuit has found that the President’s
recess appointments were not valid. See Noel Canning v. NLRB, ___ F.3d ___ (D.C.
Cir. 2013). However, as the court itself acknowledged, its decision is in conflict with 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); United States v. Woodley, 751 F.2d 1008 (9th
Cir. 1985); United States v. Allocco, 305 F.2d 704 (2d Cir. 1962). This question remains
in litigation, and until such time as it is ultimately resolved, the Board is charged to fulfill
its responsibilities under the Act.
Section 102.35(6) and (7) of the Board’s Rules and Regulations, by postponing the
hearing in order to permit additional events to unfold.2
Dated, Washington, D.C., February 26, 2013.
MARK GASTON PEARCE, CHAIRMAN
RICHARD F. GRIFFIN, JR., MEMBER
SHARON BLOCK, MEMBER

2 We share the Acting General Counsel’s concern over the potential for a significant
delay in this proceeding. We anticipate, however, that the parties will make their best
efforts to resolve the pending matters as soon as possible. Last, given our denial of the
Acting General Counsel’s motion, we deny as moot the Respondent’s motion to strike
affidavits attached to the Acting General Counsel’s appeal.