STAGE HANDS REFERRAL SERVICE

STAGEHANDS REFERRAL SERVICE 356 NLRB No. 152 1221 Stagehands Referral Service, LLC and Stephen Foti International Alliance of Theatrical & Stage Employ- ees & Motion Picture Technicians of the United States & Canada, Local 84, AFL–CIO (Mead- ows Music Theatre) and Stephen Foti. Cases 34– CA–10971 and 34–CB–2774 May 2, 2011 SUPPLEMENTAL DECISION AND ORDER BY CHAIRMAN LIEBMAN AND MEMBERS BECKER AND HAYES On April 29, 2009, the two sitting members of the Board issued a Supplemental Decision and Order in this proceeding, which is reported at 354 NLRB 83.1 There- after, the Respondents filed a petition for review in the United States Court of Appeals for the District of Co- lumbia Circuit, and the General Counsel filed a cross- application for enforcement. On June 17, 2010, the United States Supreme Court issued its decision in New Process Steel, v. NLRB, 130 S.Ct. 2635, holding that under Section 3(b) of the Act, in order to exercise the delegated authority of the Board, a delegee group of at least three members must be maintained. Thereafter, the court of appeals remanded this case for further proceed- ings consistent with the Supreme Court’s decision. The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel.2 The Board has considered the judge’s supplemental decision and the record in light of the exceptions and briefs and has decided to affirm the judge’s rulings, find- ings, and conclusions and to adopt the recommended supplemental Order for the reasons set forth below. 1 Effective midnight December 28, 2007, Members Liebman, Schaumber, Kirsanow, and Walsh delegated to Members Liebman, Schaumber, and Kirsanow, as a three-member group, all of the powers of the National Labor Relations Board in anticipation of the expiration of the terms of Members Kirsanow and Walsh on December 31, 2007. Thereafter, pursuant to this delegation, the two sitting members issued decisions and orders in unfair labor practice and representation cases. 2 Consistent with the Board’s general practice in cases remanded from the courts of appeals, and for reasons of administrative economy, the panel includes the remaining member who participated in the origi- nal decision. Furthermore, under the Board’s standard procedures applicable to all cases assigned to a panel, the Board Member not as- signed to the panel had the opportunity to participate in the adjudication of this case at any time up to the issuance of this decision. Although the Respondents’ exceptions refer to their posthearing brief, the Respondents did not submit a sup- porting brief or refile their posthearing brief as a support- ing document. The posthearing brief is not itself part of the record before the Board as defined in Section 102.45(b) of the Board’s Rules and Regulations. See CPS Chemical Co., 324 NLRB 1018, 1018 fn. 2 (1997). On March 7, 2011, almost 2 years after the Board’s deci- sion reported at 354 NLRB 83, and almost 10 months after the Supreme Court’s decision in New Process Steel, supra, the Respondents moved to supplement the record by including their posthearing brief. The Respondents provided no explanation or justification for their substan- tial delay in making this motion. Accordingly, we deny the motion as untimely. See Board’s Rules and Regula- tions Section 102.46(a). Therefore, our review of the Respondents’ arguments is limited to the exceptions document and any citation of authorities and supporting argument contained therein. See Board’s Rules and Regulations Section 102.46(b)(1). These exceptions fail to demonstrate a basis for overturn- ing the judge’s findings. Moreover, specifically with regard to the Respondents’ exceptions 2, 3, and 4, we find that the grounds for the exceptions are not stated with sufficient particularity to give fair notice to the General Counsel and the Charging Party, or to permit review by the Board. We therefore adopt the judge’s decision. See James Troutman & Associates, 299 NLRB 120 (1990), affd. mem. 935 F.2d 275 (9th Cir. 1991). ORDER The National Labor Relations Board adopts the rec- ommended supplemental Order of the administrative law judge and orders that the Respondents, International Al- liance of Theatrical & Stage Employees & Motion Pic- ture Technicians of the United States & Canada, Local 84, AFL–CIO, its officers, agents, and representatives; and Stage Hands Referral Service, LLC, Hartford, Con- necticut, its officers, agents, successors, and assigns, jointly and severally, shall make Stephen Foti whole by paying to him the total backpay amount of $77,455, plus interest computed in the manner prescribed in New Hori- zons for the Retarded, 283 NLRB 1173 (1987), accrued to the date of payment, minus tax withholdings required by Federal and State law. 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