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National Labor Relations Board v. USA Polymer Corp.

Even though 29 C.F.R. '102.48 grants the NLRB discretion to entertain motions for rehearing after the 28-day period has expired, the NLRB's decision to deny the employer's untimely motion for reconsideration was not an abuse of discretion.

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Petition for Enforcement of the Order of the National Labor Relations Board

Acting on charges filed by the International Ladies Garment Workers’ Union (ILGWU), the General Counsel of the National Labor Relations Board (the NLRB or the Board) issued a complaint against U.S.A. Polymer Corp. (Polymer) on March 21, 1995. The complaint alleged violations of 29 U.S.C. � 158 (a)(1) and (3), and eventually was consolidated with a subsequent complaint alleging violations of section 158(a)(4), (3), and (1). An administrative law judge (ALJ) issued a decision on March 25, 1996, finding merit in most of the allegations. Polymer filed timely exceptions. The NLRB issued a decision affirming the ALJ’s conclusions on August 24, 1999. Polymer filed a motion for reconsideration, to reopen the record, and for rehearing dated September 24, 1999, which was received by NLRB on September 29. On October 5, the Associate Executive Secretary of the NLRB denied the motion as untimely. On October 8, Polymer filed a supplemental motion for reconsideration, reopening, and rehearing, which the Board denied on November 23.

In March 2000 the Board filed with this court its application for enforcement of its August 24, 1999 order. 29 U.S.C. � 160(e).

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