Con-way Freight Inc.

National Labor Relations Board - Unpublished Board Decisions

Mar 13, 2015

31-RC-136543 (N.L.R.B. Mar. 13, 2015)

Re: Con-way Freight Inc.
Case 31-RC-136543
ORDER
The Employer’s Motion to Strike the Union’s Exceptions to the Hearing Officer’s
Report and Recommendations on Objections is denied. The Employer relies on the
Board’s Rules governing unfair labor practice proceedings, specifically Section
102.46(b)(1) identifying the requirements for exceptions filed to an administrative law
judge’s decision. The Board has recognized, however, that these provisions do not apply
to postelection representation proceedings. See Mental Health Association, 356 NLRB
No. 151, slip op. at 1 fn. 2 (2011).
The Petitioner’s exceptions here meet the procedural standards articulated under
Section 102.69. The exceptions were filed in a timely manner; they do not exceed 50
pages in length; and they were served on all parties. Accordingly, the exceptions need
not be stricken for procedural deficiencies.
By direction of the Board:

Dated, Washington, D.C., March 13, 2015.
Farah Z. Qureshi
Associate Executive Secretary
United States Government
NATIONAL LABOR RELATIONS BOARD
1099 14th STREET NW
WASHINGTON DC 20570