Public Service Company of New Mexico

National Labor Relations Board - Board Decisions

Apr 28, 2014

28-CA-105815 (N.L.R.B. Apr. 28, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
PUBLIC SERVICE COMPANY OF NEW MEXICO
and Case 28-CA-105815
INTERNATIONAL BROTHERHOOD OF ELECTRICAL
WORKERS, LOCAL UNION NO. 611, AFL-CIO
ORDER1
The Respondent’s Motions to Dismiss or for Summary Judgment or to Defer
specified complaint allegations are 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. This denial is without prejudice to the Respondent's right to renew its
arguments to the administrative law judge and before the Board on any exceptions that
may be filed to the judge's decision, if appropriate.2
Dated, Washington, D.C., April 28, 2014
KENT Y. HIROZAWA, MEMBER
HARRY I. JOHNSON, MEMBER
NANCY SCHIFFER, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 On April 7, 2014, the administrative law judge assigned to this case issued an order
denying the Respondent’s motions. The motions were not technically before the judge
pursuant to Sec. 102.24 of the Board’s Rules and Regulations at that time. However,
we note that the judge is free to reconsider the motions and to reissue his order if the
Respondent renews its arguments to the judge.