Arlington Metals Corporation

National Labor Relations Board - Unpublished Board Decisions

Sep 20, 2019

13-CA-160569 (N.L.R.B. Sep. 20, 2019)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
ARLINGTON METALS CORP.
and Case 13-CA-160569
UNITED STEEL, PAPER AND FORESTRY,
RUBBER, MANUFACTURING, ENERGY, ALLIED
INDUSTRIAL AND SERVICE WORKERS
INTERNATIONAL UNION, AFL-CIO (USW)
ORDER DENYING MOTION
This matter comes before the National Labor Relations Board upon the joint
motion by the parties to waive a hearing and decision by an administrative law judge
and to transfer the proceedings to the Board for a decision based on the stipulated
record. For the reasons that follow, the Board has decided to deny the joint motion.
On December 22, 2015, the General Counsel, through the Regional Director for
Region 13, issued a complaint alleging that the Respondent violated Sections 8(a)(1)
and (5) of the National Labor Relations Act by granting wage increases to its employees
and installing surveillance cameras without giving the Union notice and an opportunity
to bargain. The complaint also alleges that the Respondent violated Sections 8(a)(1)
and (3) of the Act by granting the wage increases to employees. On March 23, the
parties filed their joint motion with the Board and requested that the Board set a time for
the filing of briefs.
On September 13, 2019, the Board issued a decision in the related case of
Arlington Metals Corp., 368 NLRB No. 74 (Arlington Metals I), in which it found that the
Respondent lawfully withdrew recognition from the Union prior to the events at issue in
this proceeding.
The Board having considered the matter,
IT IS ORDERED that the Joint Motion is denied, without prejudice, in light of the
decision in Arlington Metals I.
IT IS FURTHER ORDERED that this proceeding is remanded to the Regional
Director for Region 13 for further processing consistent with Arlington Metals I.
Dated, Washington, D.C., September 20, 2019.
By Direction of the Board:
/s/ Roxanne L. Rothschild
_______________________________
Executive Secretary