REGION 16
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`819 Taylor Street, Room 8A24
`Fort Worth, TX 76102-6107
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`UNITED STATES GOVERNMENT
`NATIONAL LABOR RELATIONS BOARD
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`Agency Website: www.nirb.gov
`Telephone: (817) 978-2921
`Fax: (817) 978-2928
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`May3, 2024
`
` TEAMSTERS LOCAL UNION988
`
`4303 N SAM HOUSTON PKWY E
`HOUSTON,TX 77032
`
`Re:
`
`CMS, LLC
`Case 16-CA-340274
`
`Wehavecarefully investigated and considered your charge that CMS, LLC has violated
`the National LaborRelations Act.
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`Decision to Dismiss: Based on that investigation, I have decided to dismiss your charge
`because of the lack of cooperation by the Charging Party.
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`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.
`
`Meansof 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.nirb.gov.
`If you require additional assistance with E-Filing, please contact e-
`Filing@nirb.gov.
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`Youare encouraged to also submit a complete statement of the facts and reasons why you
`believe my decision was incorrect. If you cannotfile electronically, please send the appeal and
`your written explanation of why you cannotfile electronically to the General Counsel at the
`National Labor Relations Board, Attn: Office of Appeals, 1015 Half Street SE, Washington,
`DC 20570-0001. Unlessfiled electronically, a copy of the appeal should also be sent to me. The
`main telephone number for the Office of Appeals is (202)273-3760.
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`The appeal MAY NOTbefiled by fax or email. The Office of Appeals will not process
`faxed or emailed appeals.
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`AppealDueDate: The appeal is due on May 17, 2024. If the appealis filed electronically,
`the transmission of the entire document through the Agency’s website must be completed nolater
`than 11:59 p.m. Eastern Timeon 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
`
`

`

`CMS, LLC
`Case 16-CA-340274
`
`-2-
`
`May3, 2024
`
`May 16, 2024. 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 additionaltimeto 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 17, 2024. The request maybefiled electronically
`through the E-File Documents link on our website www.ulrb.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 17, 2024, even if it is postmarked or given to the
`delivery service before the due date. Unlessfiled 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 producedat a hearing
`maybe protected from public disclosure by demonstrated claims of confidentiality.
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`Very truly yours,
`
`Toul ph
`
`
`TIMOTHY L. WATSON
`REGIONAL DIRECTOR
`
`Enclosure
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`cc: CMS, LLC
`
`11330 RICHMOND AVE
`HOUSTON,TX 77082
`
`

`

`CMS, LLC
`Case 16-CA-340274
`
`_3-
`
`May3, 2024
`
` KAUFF MCGUIRE & MARGOLIS
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`950 THIRD AVENUE
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`14TH FLOOR
`NEW YORK, NY 10022
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`KAUFF MCGUIRE & MARGOLIS
`
`950 THIRD AVENUE
`14TH FLOOR
`NEW YORK, NY 10022
`
`

`

`UNITED STATES OF AMERICA
`NATIONAL LABOR RELATIONS BOARD
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`APPEAL FORM
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`Date:
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`To: General Counsel
`Attn: Office of Appeals
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`National Labor Relations Board
`
`1015 Half Street SE
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` Washington, DC 20570-0001
`
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`Please be advised that an appeal is hereby taken to the General Counsel of the
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`National Labor Relations Board from the action of the Regional Director in refusing to
`issue a complaint on the charge in
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`Case Name(s).
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`Case No(s). (If more than one case number, include all case numbers in which appeal is
`taken.)
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`(Signature)
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`1.
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`2.
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`E-FILING TO APPEALS
`Extension of Time: This document is used when the Charging Party is asking for more time to efile an
`Appeal.
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`•
`
`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.
`File an Appeal: If the Charging Party does not agree with the Region’s decision on the case, an Appeal can be
`e-filed.
`
`•
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`• 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.
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`• 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.
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`• 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.
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`• 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.
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`• This document should be e-Filed after an Extension of Time, Appeal or Notice of Appearance has
`been e-filed.
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`The selections of Evidence or Other should no longer be used.
`If you need to contact the Office of Appeals, please call (202)273-3760.
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`7.
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