Scribd Logo
Upload

Welcome to Scribd!

  • Ben Shapiro NLRB Dismissal

    Uploaded by

    Law&Crime
    8K views6 pages
    The Regional Director of the NLRB investigated a charge filed against The Daily Wire and decided to dismiss the charge. The Charging Party has the right to appeal the decision to the General Counsel of the NLRB by May 4, 2021. If an appeal is filed, any statements or evidence submitted may be disclosed or introduced in a hearing, subject to confidentiality claims.

    Original Description:

    Ben Shapiro NLRB Dismissal

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    The Regional Director of the NLRB investigated a charge filed against The Daily Wire and decided to dismiss the charge. The Charging Party has the right to appeal the decision to the General Counsel of the NLRB by May 4, 2021. If an appeal is filed, any statements or evidence submitted may be disclosed or introduced in a hearing, subject to confidentiality claims.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    8K views6 pages

    Ben Shapiro NLRB Dismissal

    Uploaded by

    Law&Crime
    The Regional Director of the NLRB investigated a charge filed against The Daily Wire and decided to dismiss the charge. The Charging Party has the right to appeal the decision to the General Counsel of the NLRB by May 4, 2021. If an appeal is filed, any statements or evidence submitted may be disclosed or introduced in a hearing, subject to confidentiality claims.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    of 6

    UNITED STATES GOVERNMENT

    NATIONAL LABOR RELATIONS BOARD


    REGION 31 Agency Website: www.nlrb.gov
    11500 W Olympic Blvd., Suite 600 Telephone: (310) 235-7351
    Los Angeles, CA 90064-1753 Fax: (310) 235-7420

    April 20, 2021

    Abel Rodriguez III, Esq,


    Weinberg, Roger & Rosenfeld
    800 Wilshire Blvd., Suite 1020
    Los Angeles, CA 90017

    Re: The Daily Wire, LLC


    Case 31-CA-266716

    Dear Mr. Rodriguez:

    We have carefully investigated and considered your charge that The Daily Wire, LLC
    (“Charged Party”) has violated the National Labor Relations Act (“the Act”).

    Decision to Dismiss: You alleged that the Charged Party violated Section 8(a)(1) of the
    Act when Co-Founder and Editor Emeritus Ben Shapiro sent a tweet threatening to discipline
    employees on account of Union and/or protected activity; however, the investigation revealed
    that, even assuming a violation of the Act, the Charged Party effectively repudiated the conduct
    consistent with Passavant Memorial Area Hospital, 237 NLRB 138 (1978). Accordingly, I have
    decided to dismiss your charge.

    Charging Party’s Right to Appeal: The Charging Party may appeal my decision to the
    General Counsel of the National Labor Relations Board, through the Office of Appeals.

    Means of Filing: You must file your appeal electronically or provide a written
    statement explaining why electronic submission is not possible or feasible (Written
    instructions for the NLRB’s E-Filing system and the Terms and Conditions of the NLRB’s
    E-Filing policy are available at www.nlrb.gov. See User Guide. A video demonstration
    which provides step-by-step instructions and frequently asked questions are also available
    at www.nlrb.gov. If you require additional assistance with E-Filing, please contact e-
    [email protected].

    You are encouraged to also submit a complete statement of the facts and reasons why you
    believe my decision was incorrect. If you cannot file electronically, please send the appeal and
    your written explanation of why you cannot file electronically to the General Counsel at the
    National Labor Relations Board, Attn: Office of Appeals, 1015 Half Street SE, Washington,
    DC 20570-0001. Unless filed electronically, a copy of the appeal should also be sent to me.

    The appeal MAY NOT be filed by fax or email. The Office of Appeals will not process
    faxed or emailed appeals.
    The Daily Wire, LLC -2- April 20, 2021
    Case 31-CA-266716

    Appeal Due Date: The appeal is due on May 4, 2021. If the appeal is filed
    electronically, the transmission of the entire document through the Agency’s website must be
    completed no later than 11:59 p.m. Eastern Time on the due date. If filing by mail or by
    delivery service an appeal will be found to be timely filed if it is postmarked or given to a
    delivery service no later than May 3, 2021. If an appeal is postmarked or given to a delivery
    service on the due date, it will be rejected as untimely. If hand delivered, an appeal must be
    received by the General Counsel in Washington D.C. by 5:00 p.m. Eastern Time on the appeal
    due date. If an appeal is not submitted in accordance with this paragraph, it will be rejected.

    Extension of Time to File Appeal: The General Counsel may allow additional time to
    file the appeal if the Charging Party provides a good reason for doing so and the request for an
    extension of time is received on or before May 4, 2021. The request may be filed electronically
    through the E-File Documents link on our website www.nlrb.gov, by fax to (202)273-4283, by
    mail, or by delivery service. The General Counsel will not consider any request for an extension
    of time to file an appeal received after May 4, 2021, even if it is postmarked or given to the
    delivery service before the due date. Unless filed electronically, a copy of the extension of
    time should also be sent to me.

    Confidentiality: We will not honor requests to limit our use of appeal statements or
    evidence. Upon a request under the Freedom of Information Act (FOIA) by a party during the
    processing of an appeal, the Agency’s FOIA Branch discloses appeal statements, redacted for
    personal privacy, confidential source protection, or other applicable FOIA exemptions. In the
    event the appeal is sustained, any statement or material submitted may be introduced as evidence
    at a hearing before an administrative law judge. However, certain evidence produced at a hearing
    may be protected from public disclosure by demonstrated claims of confidentiality.

    Very truly yours,

    Mori Rubin
    Regional Director

    Enclosure and cc’s next page

    cc: Aditya Dynar, Attorney


    New Civil Liberties Alliance
    1225 19th Street, NW, Suite 450
    Washington, DC 20036
    The Daily Wire, LLC -3- April 20, 2021
    Case 31-CA-266716

    Ben Shapiro, Editor Emeritus


    The Daily Wire, LLC
    200 Oceanside Drive
    Nashville, TN 37204

    The Committee to Preserve the Religious


    Right to Organize, Los Angeles Division
    800 Wilshire Blvd., Suite 1020
    Los Angeles, CA 90017
    UNITED STATES OF AMERICA
    NATIONAL LABOR RELATIONS BOARD

    APPEAL FORM

    To: General Counsel Date:


    Attn: Office of Appeals
    National Labor Relations Board
    1015 Half Street SE
    Washington, DC 20570-0001

    Please be advised that an appeal is hereby taken to the General Counsel of the National
    Labor Relations Board from the action of the Regional Director in refusing to issue a complaint on
    the charge in

    Case Name(s).

    Case No(s). (If more than one case number, include all case numbers in which appeal is taken.)

    _____________________________________
    (Signature)
    E-FILING TO APPEALS
    1. Extension of Time: This document is used when the Charging Party is asking for more time to efile an
    Appeal.

    • If an Extension of Time is e-filed, and there are additional documents to be e-filed simultaneously with
    it, please e-file those documents under the selection Correspondence.
    • After an Extension of Time has already been e-filed, any additional materials to add to the Extension
    of Time should be e-filed under Correspondence.

    2. File an Appeal: If the Charging Party does not agree with the Region’s decision on the case, an Appeal can
    be e-filed.

    • Only one (1) Appeal can be e-filed to each determination in the Region’s decision letter that is
    received.
    • After an Appeal has been e-filed, any additional materials to add to the Appeal should be e-filed
    under Correspondence.

    3. Notice of Appearance: Either party can e-file a Notice of Appearance if there is a new counsel representing
    one side or a different counsel.

    • This document is only e-filed with the Office of Appeals after a decision has been made by the
    Region.
    • This document can be e-filed before an Appeal is e-filed.

    4. Correspondence: Parties will select Correspondence when adding documents or supplementing the Appeal
    or Extension of Time.

    • Correspondence is used to e-file documents after an Extension of Time, Appeal or Notice of


    Appearance has been e-filed.

    5. Position Statement: The Charging Party or Charged Party may e-file a Position Statement.

    • The Charging Party will e-file this document as a supplement of the Appeal.
    • The Charged Party will specifically file one to support the Region’s decision.
    • This document should be e-filed after an Extension of Time, Appeal or Notice of Appearance
    has been e-filed.

    6. Withdrawal Request: If the Charging Party decides to no longer pursue their appeal, he/she can e-file a
    Withdrawal Request to the Office of Appeals.

    • This document should be e-Filed after an Extension of Time, Appeal or Notice of Appearance
    has been e-filed.

    7. The selections of Evidence or Other should no longer be used.


    UNITED STATES GOVERNMENT
    NATIONAL LABOR RELATIONS BOARD
    REGION 31
    11500 W OLYMPIC BLVD Agency Website: www.nlrb.gov
    SUITE 600 Telephone: (310) 235-7351
    Los Angeles, CA 90064-1753 Fax: (310) 235-7420

    April 20, 2021

    Aditya Dynar, Attorney


    New Civil Liberties Alliance
    1225 19th Street, NW, Suite 450
    Washington, DC 20036

    Re: Bentkey Ventures, LLC d/b/a Daily Wire


    Case 31-CA-266719

    Dear Mr. Dynar:

    This is to advise you that I have approved the withdrawal of the charge in the above
    matter.

    Very truly yours,

    Mori Rubin
    Regional Director

    cc: Ben Shapiro, Editor Emeritus


    Bentkey Ventures, LLC d/b/a Daily Wire
    200 Oceanside Drive
    Nashville, TN 37204

    Joel Fleming
    129 Franklin Street, Apt. 141
    Cambridge, MA 02139

    You might also like