Summary of NLRB Decisions for the Week of July 4 to 8, 2011
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 Decisions
BLSI, LLC(09-CA-46091; 357 NLRB No. 7) Dayton, OH, July 5, 2011.
The Board granted the Acting General Counsel’s Motion for Default Judgment based on the Respondent’s failure to file an answer to the complaint. The Board found that the death of BLSI, LLC’s owner and the insolvency of his estate did not constitute good cause for the Respondent’s failure to answer the complaint.
The charge was filed by International Union of Operating Engineers, Local 18, AFL-CIO. Chairman Liebman and Members Becker and Hayes participated.
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Exhibitus, LLC(04-CA-37328; 357 NLRB No. 10) Morrestown, NJ, July 7, 2011.
The Board granted the Acting General Counsel’s Motion for Default Judgment based on the Respondent’s failure to file an answer to the compliance specification, and ordered the Respondent to pay backpay to the employees who had lost pay as a result of the Respondent’s failure to bargain with the Union about the effects of the Respondent’s decision to close its facility.
Charge filed by New Jersey Regional Council of Carpenters, United Brotherhood of Carpenters and Joiners of America. Members Becker, Pearce, and Hayes participated.
Decisions of Administrative Law Judges
CL Frank Management, LLC, CL Metropolis Management, LLC, and CL Vertigo Management, LLC, a single employer d/b/a Hotel Project Group d/b/a Hotel Frank (20-CA-35123 et al.; JD(SF)-18-11) San Francisco, CA. Charge filed by UNITE HERE! Local 2. Administrative Law Judge William L. Schmidt issued his decision on July 6, 2011.
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Queens Village Day School, Inc. (29-CA-29618 et al.; JD(NY)-22-11) Queens Village, NY. Charge filed by District Council 1707, American Federation of State, County and Municipal Employees, AFL-CIO. Administrative Law Judge Steven Fish issued his decision on July 6, 2011.
Appellate Court Decisions
Local 324, International Union of Operating Engineers, AFL–CIO (Hydro Excavating, LLC), Case 7–CB–15343 355 NLRB No. 125 July 6, 2011
In a published opinion, the Sixth Circuit denied Charging Party David Williamson's petition for review of the Board's order finding that the Operating Engineers did not unlawfully fine and expel him.
Williamson was a long-time member of the Operating Engineers' Local 324. In August 2005, a new startup company performing hydro excavation work—work often performed by the Operating Engineers—hired Williamson as a labor consultant to investigate which unions might perform the work and which would offer the best terms for a contract. He was not authorized to negotiate with the unions, offer or accept any contract proposals, or otherwise bind the company. Williamson spoke to several unions, but never contacted the Operating Engineers. In December 2005, the Operating Engineers fined Williamson $500 and expelled him for urging other unions to execute agreements for Operating Engineers' work. The Board found that the Operating Engineers did not violate the Act in so disciplining Williamson.
Before the Court, Williamson argued that the Board should have found that the Operating Engineers' discipline violated Section 8(b)(1)(B), which makes it unlawful for a union to coerce "an employer in the selection of his representatives for the purposes of collective bargaining or the adjustment of grievances." The Court rejected Williamson's argument, agreeing with the Board that Williamson's activity—"gathering information [about possible union contracts] and reporting it back to his employer"—did not constitute activity protected under Section 8(b)(1)(B), nor was it closely related to such activity. The Court explained that, under Supreme Court precedent, Section 8(b)(1)(B) protects negotiations or conflicts between an employer and a particular union—negotiating or renegotiating an agreement, interpreting the agreement’s terms, and following the agreement’s procedures for grievances—which are qualitatively different from gathering information from multiple unions and reporting it back to the employer. Specifically in the latter circumstance, no ongoing relationship exists, no negotiations are taking place, and the employee has very little discretion.
The Court further found that substantial evidence supported the Board's finding that Williamson did not engage in any actual protected collective bargaining or grievance adjustment activities during the time period for which the Operating Engineers disciplined him.
Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
MilleLacs County (18-WH-000025) July 6, 2011. Certification of representative as bona fide under Section 7(b) of the Fair Labor Standards Act of 1938.
The Boeing Company (19-RC-15372) July 7, 2011. Order denying request for review.
C Cases
American Medical Response of Connecticut, Inc. (34-CA-12592 et al.) July 5, 2011. Order adopting Respondent to take action.
USC University Hospital (21-CA-39693) July 6, 2011. Order denying motion for summary judgment.
RW Briscoe and Associates, Inc. (13-CA-45866) July 7, 2011. Order adopting Respondent to take action.
Lori’s Diner International, Inc. (SFO/International Terminal) (20-CA-35467) July 7, 2011. Order transferring proceeding to the Board and notice to show cause why the Acting General Counsel’s motion should not be granted. Briefs due on or before July 21, 2011.
B. Fernandez & Hermanos, Inc. (24-CA-11713) July 7, 2011. Case is corrected to read as follows: Order denying petition to revoke subpoena duces tecum B-579252.
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