Nexeo Solutions, LLC f/k/a TPG Accolade, LLC

National Labor Relations Board - Board Decisions

Apr 16, 2014

13-CA-046694 (N.L.R.B. Apr. 16, 2014)

Re: Nexeo Solutions, LLC
Cases 13-CA-046694; 13-CA-062072; 20-CA-035519
ORDER
The Joint Motion to Sever Cases, Withdraw Pending Exceptions and
Remand Cases 13-CA-046694 and 13-CA-062072 to the Regional Director is
granted.1 Accordingly, Cases 13-CA-046694 and 13-CA-062072 are severed
from Case 20-CA-035519, and are remanded to the Regional Director for Region
13 of the National Labor Relations Board for further appropriate action.2
Dated, Washington, D.C., April 16, 2014.
By direction of the Board:
Farah Z. Qureshi
Associate Executive Secretary

1
Counsel for the General Counsel withdraws: a) exceptions 5-7, 9-11, 26-27, 29-30 and 32 in
their entirety; b) exception 4 only with regard to the judge’s finding that Respondent never misled
Local 705-represented employees into believing their benefits would be identical as opposed to
comparable in the aggregate to the ones enjoyed at the predecessor Employer, Ashland; c)
exception 23 only with regard to the judge’s finding that the General Counsel did not establish
that Respondent was obligated to first bargain with Local 705 before it offered employment upon
the terms it set forth in the mid-February 2011 employment offer letters; d) exception 28 only to
the extent that the judge failed to conclude, as a matter of law, that Respondent violated Sec.
8(a)(1) and (5) of the Act, as alleged, by implementing changes to Local 705’s represented
employees’ health and pension benefits without first bargaining to agreement or good-faith
impasse with Local 705.
Local 705 withdraws its exceptions filed in Cases 13-CA-46694 and 13-CA-62072 in their
entirety. Respondent withdraws the following exceptions: a) exceptions 8-9, 23-26 and 30-34 in
their entirety; b) exception 18 only to the extent of the judge’s finding that the case did not involve
a situation where it was not clear that the Respondent had a duty to bargain with Local 705; c)
exception 29 only to the extent of the judge’s failure to find that the Respondent satisfied any duty
it could be found to have had to consult or bargain with Local 705; d) exceptions 35 and 36 only
to the extent that the judge’s recommended remedy and order relate to alleged violations against
Local 705-represented employees.
2
The exceptions in Case 20-CA-035519 will remain at the Board for consideration.
United States Government
NATIONAL LABOR RELATIONS BOARD
1099 14th STREET NW
WASHINGTON DC 20570