Bud's Woodfire Oven LLC d/b/a Ava's Pizzeria

National Labor Relations Board - Unpublished Board Decisions

Dec 19, 2019

05-CA-194577 (N.L.R.B. Dec. 19, 2019)

St. Mary's, MD
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
BUD'S WOODFIRE OVEN, LLC d/b/a
AVA'S PIZZERIA
and
RALPH D. GROVES
Case 05-CA-194577
SUPPLEMENTAL DECISION AND ORDER
On September 10, 2019, the Respondent, Bud’s Woodfire Oven, LLC d/b/a Ava’s
Pizzeria, filed with the Board in Washington, D.C., an Application for Fees and Expenses
pursuant to the Equal Access to Justice Act (EAJA). By Order dated September 12, 2019, the
Board referred the Respondent’s application to Chief Administrative Law Judge Robert A.
Giannasi for appropriate action. Thereafter, on November 6, 2019, Administrative Law Judge
Michael A. Rosas, who had decided the underlying case, issued his Supplemental Decision and
Order denying the Respondent’s EAJA application, and, on that same date, the proceeding was
transferred to, and continued before, the Board in Washington D.C. In denying the EAJA
application, the Administrative Law Judge found that the sustained complaint allegations based
on the unlawfulness of the Respondent’s arbitration agreement required denial of the
application, and, moreover, that the General Counsel was “substantially justified” in prosecuting
the unsustained allegations relating to Groves’ discharge due to protected concerted activity.
No statement of exceptions having been filed with the Board, and the time allowed for
such filing having expired,
Pursuant to Section 10(c) of the National Labor Relations Act, as amended, and Section
102.48 of the National Labor Relations Board Rules and Regulations, the Board adopts the
findings and conclusions of the Administrative Law Judge as contained in his Supplemental
Decision and Order, and the recommended Order of the Administrative Law Judge becomes the
Order of the Board. Accordingly,
The Respondent’s Application for Attorney’s Fees and Expenses is denied.
Dated, Washington, D.C., December 19, 2019.
By direction of the Board:
/s/ Leigh A. Reardon
_____________________________
Associate Executive Secretary