Bon Harbor Nursing & Rehabilitation Center

National Labor Relations Board - Board Decisions

Aug 31, 2005

345 N.L.R.B. 905 (N.L.R.B. 2005)

BON HARBOR NURSING & REHABILITATION CENTER
345 NLRB No. 55
905
Extendicare Homes, Inc. d/b/a Bon Harbor Nursing
and Rehabilitation Center and United Steel-
workers of America, AFL–CIO–CLC. Cases
25–CA–28991, 25–CA–29088, and 25–CA–29119
August 31, 2005
ORDER
BY CHAIRMAN BATTISTA AND MEMBER LIEBMAN1
By letter dated July 8, the Respondent sought to bring
to the Board’s attention a letter from the Regional Direc-
tor of Region 30 of the National Labor Relations Board
dismissing an unfair labor practice charge filed against

1 On August 26, 2005, Chairman Battista and Members Liebman and
Schaumber delegated to themselves, as a three-member group, all of the
Board’s powers in anticipation of the expiration of then-Member
Schaumber’s term on August 27, 2005. Pursuant to this delegation, the
remaining Board members constitute a quorum of the three-member
group. As a quorum, Chairman Battista and Member Liebman have the
authority to issue decisions and orders in unfair labor practice and
representation cases. See Sec. 3(b) of the Act.
Extendicare’s Beloit Health and Rehabilitation Center
Inc., which allegedly supported Respondent’s position in
the captioned case. The Respondent filed its letter pur-
suant to the procedures announced in Reliant Energy,
339 NLRB 66 (2003), which permits the parties to call to
the Board’s attention “pertinent and significant authori-
ties” that come to the party’s attention after the party’s
brief has been filed. The counsel for the Acting General
Counsel moved to strike the submission citing the dis-
missal letter because, “with all due respect to the Board’s
Regional Directors, their decisions are of no precedential
value before the Board.”
The counsel for the Acting General Counsel’s motion
is granted as noted herein. The specific “pertinent and
significant authority” involved in Reliant Energy was a
recent decision by a United States court of appeals. A
Regional Director’s decision not to issue a complaint, on
the other hand, is not a “significant” authority.