Albuquerque Health Services, Inc.

National Labor Relations Board - Unpublished Board Decisions

Jul 6, 2017

28-CA-192313 (N.L.R.B. Jul. 6, 2017)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
ALBUQUERQUE HEALTH SERVICES, INC.
and Case 28-CA-192313
WILLIAM HUNTER
ORDER
The Respondent’s Motion to Dismiss the complaint is denied. The Respondent
has not demonstrated that the complaint fails to state a claim upon which relief can be
granted. Further, to the extent that the Respondent’s motion can be viewed as seeking
summary judgment, the Respondent has failed to establish that there are no genuine
issues of material fact warranting a hearing and that it is entitled to a judgment as a
matter of law.1
Dated, Washington, D.C., July 6, 2017.
PHILIP A. MISCIMARRA, CHAIRMAN
MARK GASTON PEARCE, MEMBER
LAUREN McFERRAN, MEMBER

1 Chairman Miscimarra agrees with the denial of the Respondent’s motion as stated in
the Board’s Order. As he stated in L’Hoist North America of Tennessee, Inc., 362
NLRB No. 110, slip op. at 3 (2015) (concurring), “[I]n 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 & Lymphoma Society,
363 NLRB No. 124, slip op. at 2 (2016) (then-Member Miscimarra, dissenting). In the
instant case, it is evident from the parties’ respective positions that disputes exist as to
material facts regarding whether the Respondent violated the Act as alleged in the
complaint.