Labor Plus, LLC

National Labor Relations Board - Board Decisions

Aug 28, 2015

28-CA-150723 (N.L.R.B. Aug. 28, 2015)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
LABOR PLUS, LLC
and Case 28-CA-150723
INTERNATIONAL ALLIANCE OF THEATRICAL
STAGE EMPLOYEES AND MOVING PICTURE
TECHNICIANS, ARTISTS AND ALLIED CRAFTS
OF THE UNITED STATES AND CANADA
LOCAL UNION 720
ORDER DENYING MOTION1
The Respondent’s Motion to Dismiss the Complaint is denied. The Respondent
has not demonstrated that the complaint fails to provide facts necessary to state a claim
upon which relief can be granted.2
Dated, Washington, D.C., August 28, 2015.
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
KENT Y. HIROZAWA, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 The complaint outlines in sufficient detail the basis for the alleged violation.
Notwithstanding Respondent’s arguments to the contrary, similarities between the
charge and the complaint do not constitute a denial of due process; nor do alleged
factual discrepancies between positions asserted in the instant case and in a
representation case involving the same parties defeat the complaint’s allegations or
establish the absence of a genuine issue for hearing in the instant case. To the extent
that Respondent’s motion is regarded as seeking summary judgment, it is denied for the
same reasons. See Sec. 102.24(b) of the Board’s Rules and Regulations.