Berkeley Preparatory School, Inc.

National Labor Relations Board - Board Decisions

May 6, 2015

12-CA-136348 (N.L.R.B. May. 6, 2015)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
BERKELEY PREPARATORY SCHOOL, INC.
and Case 12-CA-136348
KATHI GRAU
ORDER1
Respondent Berkeley Preparatory School, Inc.’s Motion for Summary Judgment
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.2
Dated, Washington, D.C., May 6, 2015.
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
LAUREN McFERRAN, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 Regarding the Respondent’s motion for summary judgment because the Board lacks
jurisdiction – based on the Respondent’s status as a religiously affiliated educational
institution – Member Miscimarra would find that the Respondent’s motion and the
accompanying affidavits and documentary evidence are sufficient, under Sec. 102.24(b)
of the Board’s Rules and Regulations, to warrant issuance of an order directing the
General Counsel to show cause why the Respondent’s motion should not be granted;
and at a minimum, the General Counsel (instead of making conclusory arguments to the
effect that the Respondent’s evidence is “one-sided” and “a full presentation of evidence
from all parties must be permitted”) should be required to identify what disputes exist, if
any, between the alleged material facts known to the General Counsel and those
identified in the Respondent’s motion and accompanying material in relation to
jurisdiction.