Summary of NLRB Decisions for Week of February 21-24, 2012
The Weekly Summary is provided for informational purposes only and is not intended to substitute for the opinions of the NLRB. Inquiries should be directed to the Office of Public Affairs at Publicinfo@nlrb.gov or 202-273-1991.
Summarized Board Decision
Praxair Distribution, Inc. (28-CA-23266; 357 NLRB No. 7) Phoenix, AZ, February 21, 2012.
The Board adopted the administrative law judge’s dismissal of the allegations that the Respondent violated Section 8(a)(1) of the Act by: interrogating an employee about his activities; promulgating a rule prohibiting the employee from discussing his activities with others; threatening the employee with unspecified reprisals; and denying his request for an employee to accompany him at an investigatory interview. In adopting the dismissal of the interrogation allegation, the Board found that the conversation between the employee and the manager did not concern any protected concerted activities. In adopting the dismissal of the allegation related to the investigatory interview, the Board found there had been no showing that the employee requested, or that the Respondent prohibited, the presence of a coworker.
Charge filed by an individual. Administrative Law Judge William L. Schmidt issued his decision on July 19, 2011. Chairman Pearce and Members Griffin and Flynn participated.
IAP World Services, Inc. (31-CA-29505; 358 NLRB No. 10) Fort Irwin, CA, February 24, 2012.
The Board adopted the administrative law judge’s dismissal of the complaint allegation that the employer violated the Act by discharging an employee. Specifically, the Board adopted the judge’s finding that it is appropriate to defer to the arbitrator’s determination that the discharge did not violate the Act because: (1) the arbitration proceedings were fair and regular; (2) the parties agreed to be bound by them; and (3) the arbitrator’s decision was not clearly repugnant to the Act.
Charge filed by Teamsters, Chauffeurs, Warehousemen, Industrial and Allied Workers of America, Local 166. Administrative Law Judge William G. Kocol issued his decision on July 19, 2011. Chairman Pearce and Members Hayes and Griffin participated.
Open Door Retail Group, Inc. (16-CA-28083; 358 NLRB No. 9) Kemah, TX, February 23, 2012.
The Acting General Counsel sought a default judgment in this case on the ground that the respondent failed to file an answer to the complaint. The Board ordered the respondent to cease and desist from discharging or otherwise discriminating against employees because they engaged in concerted activities for the purposes of mutual aid and protection, and to discourage employees from engaging in concerted activities and interfering with, restraining, or coercing employees in the exercise of the rights guaranteed them by the Act.
Charge filed by an individual. Chairman Pearce and Members Hayes and Griffin participated.
Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
American Reclamation, Inc. (31-RC-66361) Los Angeles, CA, February 22, 2012. Order denying the employer’s request for review of the Acting Regional Director’s decision and direction of election. Petitione –Package and General Utility Drivers, Teamsters, Local 396. Chairman Pearce and Members Hayes and Griffin participated.
Trevcon Construction Company, Inc. (22-RC-70080, et al.) Liberty Corner, NJ, February 22, 2012. Order denying the intervenor’s request for review of the Regional Director’s decision and direction of election. Petitioner – Dock Builders Local of Amalgamated Carpenters and Joiners Union. Chairman Pearce and Members Hayes and Griffin participated.
Dean E. Norris, Inc., Professional Mechanical Contractors, Inc., and Den Management Company, Inc., a single employer (17-RC-71485) Wichita, KS, February 22, 2012. Order denying the employer’s request for review of the Regional Director’s decision and direction of election. Petitioner – Sheet Metal Workers’ International Association, Local 29, affiliated with Sheet Metal Workers’ International Association, AFL-CIO. Chairman Pearce and Members Hayes and Griffin participated.
Exterior Metals, Inc. (19-RC-15409) Seattle, WA, February 23, 2012. Decision and direction that the Regional Director open and count ballots. Petitioner – Sheet Metal Workers International Association, Local 66, AFL-CIO.
Durham School Services, LLP (32-RC-66466) Campbell, CA, February 23, 2012. Decision, order that the election be set aside and that a rerun election be conducted, and direction of second election. Petitioner – Freight, Construction, General Drivers, Warehousemen and Helpers, Local 287, International Brotherhood of Teamsters.
La Film School, LLC and its Branch LA Recording School, LLC (31-CA-29627, et al.) Los Angeles, February 21, 2012. Order denying request for reconsideration of decision to allow Acting General Counsel to file amended answering brief. Charges filed by California Federation of Teachers.
Grede II, LLC (11-CA-22980, et al.) Biscoe, NC, February 22, 2012. Order denying the Acting General Counsel’s request for special permission to appeal. Charges filed by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO CLC. Chairman Pearce and Members Hayes and Griffin participated.
Spurlino Materials, LLC (25-CA-30053, et al.) Indianapolis, IN, February 24, 2012. Order denying Acting General Counsel’s motion. Charges filed by Coal, Ice, Building Material, Supply Drivers, Riggers, Heavy Haulers, Warehousemen and Helpers, Local 716 a/w International Brotherhood of Teamsters, Chauffeurs, Warehousemen, and Helpers of America. Chairman Pearce and Members Hayes and Griffin participated.
Beth Israel Medical Center (2-CA-39486, et al.) New York, NY, February 24, 2012. Order denying Acting General Counsel’s motion for summary judgment. Charges filed by International Brotherhood of Teamsters, Local 814. Chairman Pearce and Members Hayes and Griffin participated.
Appellate Court Decisions
Essex Valley Visiting Nurses Ass'n, Board Case No. 22-CA-24770 (reported at 356 NLRB No. 18) (D.C. Cir. decided February 21, 2012)
In an unpublished judgment, the Court denied the employer's petition for review and granted the Board's cross-application for enforcement in this backpay case.
The Board found that the four nurse discriminatees did not willfully incur a loss of earnings during the backpay period, declining to accept the employer's arguments that substantially equivalent jobs were plentiful and/or rejected by the discriminatees, or its claim that each of the four failed to conduct an adequate job search. Next, the Board concluded that the administrative law judge did not abuse his discretion in drawing adverse inferences and prohibiting the employer from introducing certain evidence as sanctions for the employer's obstinate delaying tactics and ultimate refusal to comply with the General Counsel's subpoena. Finally, the Board held that the employer was a single employer under the Act, comprised of three entities that shared common ownership, common management, interrelated operations, and centralized control of labor relations.
In its brief per curiam opinion, the Court enforced the Board's order, explaining simply that the employer's "contentions that the Board decision under review lacked substantial evidence, was an abuse of discretion, or was arbitrary, are without merit."
Decisions of Administrative Law Judges
No administrative law judge decisions were issued this week.
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