Task: Wrong Candidate Generation
Input (English): many of which are the same as those it considers in making appropriate unit determinations in initial representation cases, include: “integration of operations, centralized control of management and labor relations, geographic proximity, similarity of terms and conditions of employment, similarity of skills and functions, physical contact among employees, collective bargaining history, degree of separate daily supervision, and degree of employee interchange.” Frontier Tel., 344 N.L.R.B. at 1271. The “ ‘two most important factors’ — indeed, the two factors that have been identified as ‘critical’ to an accretion finding — are employee interchange and common day-to-day supervision.” Id. (quoting E.I. Du Pont, 341 N.L.R.B. at 608); see Super Valu Stores, Inc., 283 N.L.R.B. 134, 136 (1987) (<HOLDING>). The ALJ rejected Dean’s accretion argument 
 Holding statements: (A) holding that accretion had not occurred notwithstanding that there was integration of operations similarity of employee skills functions and working conditions and  contact between employees at separate locations because there was neither employee interchange nor common supervision (B) holding employee resigned and was not constructively discharged because there was no evidence that employer deliberately created working conditions that led to her resignation (C) holding that notwithstanding fact that employer brought suit in its own name pursuant to ocga  349111 c only for the liquidated amount that had been paid to the employee in workers compensation benefits after employee failed to file his own tort action within one year of injury employee was not precluded from bringing his own separate action to recover for personal injuries and loss of consortium but noting that employee received notice of employers suit only after filing his own action suggesting that court in which employers action was pending had wrongly denied the employees motion to intervene to which motion employer had objected noting that if employee had not moved to intervene in other action employees separate action would have been barred by laches and holding that thirdparty tortfeasor could move for mandatory joinder of the employer in the employees action (D) holding employee could proceed against employer in action for fraudulent misrepresentation where employees complaint alleged inter alia employee was regularly exposed to lead fumes and dust at place of employment employer tested employees blood to monitor lead levels employer willfully and intentionally withheld employees test results which showed employee had developed leadrelated diseases and employer subsequently altered those results to induce employee to continue working for employer employee further alleged employers concealment of employees condition prevented employee from reducing his exposure to lead and obstructed him from receiving appropriate medical treatment and that delay in treatment resulted in aggravation of employees injury (E) holding service on corporation proper where process server went to corporate defendants headquarters identified himself to an employee of corporate defendant and stated that he was there to serve legal papers and the employee then directed him to another employee who accepted service even though neither employee was authorized to accept service and neither represented that she was in fact so authorized because both were obviously corporate defendant employees and the employee redelivered the summons and complaint to an employee authorized to accept service on the same date
Output (English): holding that notwithstanding fact that employer brought suit in its own name pursuant to ocga  349111 c only for the liquidated amount that had been paid to the employee in workers compensation benefits after employee failed to file his own tort action within one year of injury employee was not precluded from bringing his own separate action to recover for personal injuries and loss of consortium but noting that employee received notice of employers suit only after filing his own action suggesting that court in which employers action was pending had wrongly denied the employees motion to intervene to which motion employer had objected noting that if employee had not moved to intervene in other action employees separate action would have been barred by laches and holding that thirdparty tortfeasor could move for mandatory joinder of the employer in the employees action