Summary of NLRB Decisions for the Week of August 6-10, 2012
The Summary of NLRB Decisions 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 Decisions
Dresser-Rand Company (03-CA-026543, et al.; 358 NLRB No. 97) Painted Post, NY, August 6, 2012.
The Board found that the employer violated the Act by locking out full-term strikers and former strikers who abandoned the strike (“crossovers”) but not other unit employees, reinstating crossovers ahead of full-term strikers, discharging a striker for purported strike misconduct, suspending a reinstated striker for referring to permanent striker replacements as “scabs” during a floor meeting, and denying accrued vacation leave to certain strikers. The Board also found that the employer violated the Act by failing to bargain over the process of returning strikers to work and the elimination of paid lunch breaks on voluntary weekend overtime shifts. Member Hayes dissented regarding the illegality of the lockout.
Charges filed by IUE-CWA, AFL-CIO, Local 313. Administrative Law Judge Mark D. Rubin issued his decision on January 29, 2010. Chairman Pearce and Members Hayes and Griffin participated.
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FirstEnergy Generation Corp. (06-CA-036631; 358 NLRB No. 96) Shippingport, PA, August 6, 2012.
The Board adopted the administrative law judge’s conclusion that the employer violated the Act by unilaterally implementing a change to the future retirement healthcare benefits of current employees.
Charge filed by International Brotherhood of Electrical Workers, Local 272, AFL-CIO. Administrative Law Judge David I. Goldman issued his decision on September 17, 2010. Members Hayes, Griffin, and Block participated.
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Long Mechanical, Inc. (7-CA-52917 et al.; 358 NLRB No. 98) Northville, MI, August 9, 2012.
In Long Mechanical, Inc., the Board granted the General Counsel’s motion for default judgment based on the respondent’s breach of an informal settlement agreement. In granting the motion, the Board found that the respondent’s broad general denial that it did not breach the settlement agreement was insufficient to raise an issue of material fact warranting a hearing.
Charges filed by Locals 98 and 636, United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO. Members Hayes, Griffin and Block participated.
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GDT Electrical, Inc. d/b/a Gardner Electrical Corp. and Teller Electrical Corp. d/b/a Gardner Electrical Corp. and Sun Power and Electric, LLC, as alter egos (05‑CA‑034956, et al.; 358 NLRB No. 101) Norfolk and Suffolk, VA, August 10, 2012.
The Acting General Counsel sought default judgment in this case on the ground that the respondents failed to file an answer to the compliance specification. The Board found that the respondents were jointly and severally liable for remedying its unfair labor practices. The Board further concluded that the net backpay due an employee and the amounts to be paid to the unions’ fringe benefit funds were as stated in the compliance specification, and ordered the respondents to pay that amount of backpay, plus interest accrued to the date of payment, plus the respondents’ share of FICA contributions. The backpay and loss of benefits would continue to accrue for and on behalf of the employee until the respondents make a valid offer of reinstatement.
Charges filed by International Brotherhood of Electrical Workers, Locals 80 and 1340. Chairman Pearce and Members Hayes and Block participated.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
EKO Painting, Inc. (20-RC-082348) Honolulu, HI, August 6, 2012. Order denying employer’s special appeal with regard to the showing of interest. Petitioner – International Union of Painters and Allied Trades, Painters Union, Local 1791. Chairman Pearce and Members Griffin and Block participated.
Johnson Controls, Inc. (01-RC-077916) Devens, MA, August 6, 2012. Decision and direction –no exceptions filed the Board adopted the Hearing Officer’s findings and recommendations directing the Regional Director to open and count ballot. Petitioner – Area Trades Council, a/w Plumbers UA Local 12, IBEW Local 103, Painters DC #35, Carpenters Local 51, IUOE Local 877.
Tractor Company d/b/a CCS Trucking (13-RC-022018; et al.) Chicago, IL, August 6, 2012. Decision and Direction – In light of exceptions and briefs the Board adopted the Hearing Officer’s findings and recommendations remanding the case to the Regional Director to open and count ballots and to take appropriate action. Teamsters Local 727, International Brotherhood of Teamsters and Truck Drivers, Chauffeurs, Warehousemen and Helpers Union, Local 707. Chairman Pearce and Members Hayes and Griffin participated.
Ardit Company (The) (09-RC-083978) Columbus, OH, August 9, 2012. Order denying employer’s request for review of the Regional Director’s decision and direction of election. Petitioner – International Union of Bricklayers and Allied Craftworkers, Ohio Kentucky Administrative District Council, Local 18. Chairman Pearce and Members Hayes and Block participated.
C Cases
Greif Packaging, LLC (32-CA-075985) Merced, CA, August 6, 2012. Order denying the petition to revoke subpoena ad testificandum and subpoena duces tecum. Charge filed by Teamsters Local 948 International Brotherhood of Teamsters. Chairman Pearce and Members Hayes and Griffin participated.
Greif Packaging, LLC (32-CA-075985) Merced, CA, August 6, 2012. Order denying petition to revoke subpoena ad testificandum. Charge filed by Teamsters Local 948 International Brotherhood of Teamsters. Chairman Pearce and Members Hayes and Griffin participated.
Hotel Bel-Air (31-CA-074675) Los Angeles, CA, August 6, 2012. Order denying the employer’s petition to revoke subpoena duces tecum. Charge filed by UNITE HERE, Local 11. Chairman Pearce and Members Hayes and Griffin participated.
R & S Waste Services, LLC (02-CA-065928, et al.) Harrison, NY, August 7, 2012. Order denying respondent’s motion to dismiss the complaint. Charges filed by Local 813, International Brotherhood of Teamsters. Chairman Pearce and Members Hayes and Block participated.
Long Beach Press Telegram (21-CA-038484, et al.) Long Beach, CA, August 7, 2012. Order granting the joint motion to vacate and remand to Regional Director for further appropriate action. Charges filed by Southern California Media Guild, A Newspaper Guild – Communications Workers of America.
Grede II, LLC (11-CA-022980, et al.) Biscoe, NC, August 7, 2012. Order granting the counsel for Acting General Counsel’s motion to remand case to the Regional Director for effectuation of an informal agreement and motion to conditionally withdraw exceptions. Charges filed by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers.
JVK Operations, LTD of New Jersey (04-CA-066441) Turnersville, NJ, August 8, 2012. Decision and order of a formal settlement stipulation. Charge filed by Laundry, Distribution and Food Service Joint Board a/w Workers United, SEIU. Chairman Pearce and Members Hayes and Block participated.
United States Postal Service (07-CA-065355) Jonesville, MI, August 9, 2012. Order adopting the administrative law judge’s findings and conclusions and ordering the respondent to take the recommended action. Charge filed by Michigan Postal Workers Union, American Postal Workers Union (APWU), AFL-CIO.
Michael J. Malpere Company, Inc. (22-CA-030045) Cranford, NJ, August 9, 2012. Order adopting the administrative law judge’s findings and conclusions and ordering the respondent to take the recommended action. Charge filed by Bricklayers & Allied Craftworkers Administrative District Council of New Jersey, Local 4.
Bradford Printing and Finishing, LLC (01-CA-046524, et al.) Bradford, RI, August 9, 2012. Order transferring proceeding to the Board and notice to show cause why the Acting General Counsel’s motion should not be granted. Charges filed by UNITE HERE, New England Joint Board.
Casino One Corporation d/b/a Lumiere Place Casino and Hotels (14-CA-078274) St. Louis, MO, August 9, 2012. Order denying petition to revoke subpoena duces tecum. Charge filed by UNITE HERE, Local 74. Chairman Pearce and Members Hayes and Griffin participated.
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Appellate Court Decision
Laborers District Council of Minnesota and North Dakota, Board Case No. 18-CC-1485 (reported at 357 NLRB No. 29) (8th Cir. decided August 7, 2012)
In a published opinion, the Court denied the union’s petition for review and enforced the Board’s order. The Court agreed that the union unlawfully refused to enter into a pre-hire agreement with a neutral to apply secondary pressure on its primary target, a nonunion general contractor that would have hired the neutral for union jobs.
The union had a master agreement with numerous contractors that forbade them from engaging in any non-union work. Century was a general contractor that employed no workers but bid on fencing jobs and staffed them with subcontractors. For nonunion jobs, it subcontracted with nonunion contractors; for union jobs, however, it subcontracted to union contractors. The union wanted Century to sign the master agreement and forgo all nonunion work.
In 2010, new contractor Lake Area Fence contacted the union to sign the master agreement, intending to subcontract union jobs from Century. The union initially expressed interest in getting Lake Area Fence on board, but, after learning that Lake Area intended to work with Century, refused to allow Lake Fence to sign the master contract. The Board, discrediting the union’s explanations for not signing, found that “’the union’s intent in declining to allow Lake Area to become signatory to the [master agreement] was to force Century to become a signatory contractor by depriving it of subcontractors to work on union jobsites unless [Century] agreed to a collective bargaining agreement with the union.’” Slip op. at 5.
The Court agreed that the union’s actions violated Section 8(b)(4)(ii)(B) of the Act. First, it rejected the union’s claim that it could not violate the Act merely by exercising its right not to enter into a contract. Rather, the Court explained that prior decisions “’have routinely held that the otherwise legal exercise of rights ... can become unlawful when aimed at securing an objective prohibited by Section 8(b)(4).’” The Court noted that the Board’s interpretation of coercion, focused here on the effect of the refusal to contract on the neutral employer, was entitled to deference. Finally, the Court upheld the Board’s finding that the union’s refusal to sign a contract with Lake Fence was “in fact economically coercive,” noting that Lake Fence entered the market “with a reasonable expectation of becoming a union fencing contractor,” and the union’s refusal to allow Lake Fence into that market was “’a powerful economic weapon.’” Id. at 10 (quoting Limbach Co. v. Sheet Metal Workers Int’l Ass’n, 949 F.2d 1241, 1256 (3d Cir. 1991) (en banc)).
The Court’s opinion is available here
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Decisions of Administrative Law Judges
Paragon Systems, Inc. (05-CA-070962; JD-40-12) Woodlawn, MD. Charge filed by United Union of Security Guards. Administrative Law Judge Bruce D. Rosenstein issued his decision on August 10, 2012.
First Student, Inc. (08-CA-062611, et al.; JD-41-12) Marysville, OH. Charges filed by Teamsters Local 413 a/w International Brotherhood of Teamsters. Administrative Law Judge Mark Carissimi issued his decision on August 10, 2012.
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