Lincoln Eastern Management Corporation

National Labor Relations Board - Unpublished Board Decisions

Nov 4, 2015

28-CA-147123 (N.L.R.B. Nov. 4, 2015)

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NOT INCLUDED IN MHMc
BOUND VOLUMES Phoenix, AZ
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
LINCOLN EASTERN MANAGEMENT
CORPORATION
and Case 28-CA-147123
ALECIA WINTERS
ORDER APPROVING STIPULATION, GRANTING MOTION,
AND TRANSFERRING PROCEEDING TO THE BOARD
This matter comes before the National Labor Relations Board upon the joint
motion of Respondent Lincoln Eastern Management Corporation, Charging Party Alecia
Winters, and the General Counsel 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.
On March 31, 2015, the General Counsel, by the Regional Director for Region
28, issued a complaint and notice of hearing alleging that, since about June 30, 2014,
the Respondent has maintained its “Arbitration Policy” and “Employee Handbook
Acknowledgement and Agreement to Arbitrate,” and that, by the foregoing conduct, the
Respondent has been interfering with, restraining, and coercing employees in the
exercise of the rights guaranteed in Section 7 of the Act in violation of Section 8(a)(1) of
the Act.
On June 24, 2015, the parties filed a joint motion and stipulation of facts with
the Board. Pursuant to Section 102.35(a)(9) of the Board’s Rules and Regulations, the
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parties have waived a hearing before an administrative law judge and agreed to submit
the record in this case directly to the Board for findings of fact, conclusions of law, and a
Decision and Order. The parties have requested that the Board set a time for the filing
of briefs.
The Board having considered the matter,
IT IS ORDERED that the joint motion is granted and the case is transferred to
and continued before the Board in Washington, D.C., for the purpose of issuing findings
of fact, conclusions of law, and a Decision and Order.
IT IS FURTHER ORDERED that the stipulated record, which includes a
stipulation of facts, joint exhibits 1(a) through 5, a statement of the issue presented, and
statements of position by the Respondent and the General Counsel, is approved and
made part of the record.
The parties may file briefs with the Board in Washington, D.C., on or before
November 25, 2015, and answering briefs 14 days thereafter in accordance with
Section 102.35(a)(9) of the Board’s Rules and Regulations.
Dated, Washington D.C., November 4, 2015.
By direction of the Board:
Gary Shinners
________________________
Executive Secretary