American Federation for Children, Inc.

National Labor Relations Board - Unpublished Board Decisions

Mar 2, 2021

28-CA-246878 (N.L.R.B. Mar. 2, 2021)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
AMERICAN FEDERATION FOR
CHILDREN
and Cases 28-CA-246878
28-CA-262471
SARAH RAYBON
ORDER1
The Respondent’s Motion to Dismiss or in the alternative Motion for Summary
Judgment is denied. The Respondent has failed to establish that there are no genuine
issues of material fact and that it is entitled to judgment as a matter of law.2
Dated, Washington, D.C., March 2, 2021.
LAUREN McFERRAN CHAIRMAN
WILLIAM J. EMANUEL MEMBER
JOHN F. RING MEMBER
1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel
2 The Acting General Counsel argues that the Respondent’s motion should be
dismissed as untimely because it was filed with the Division of Judges rather than the
Board as required by Sec. 102.24 of the Board’s Rules and Regulations and there are
now less than 28 days prior to the March 2, 2021 hearing for the motion to be timely
filed. In light of the fact that no party has shown that it was prejudiced by the
Respondent’ procedural error in filing its motion with the Division of Judges, we accept
the motion as timely filed.