Summary of NLRB Decisions for the Week of March 7-11, 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

LongviewFibre Paper and Packaging, Inc(27-CA-21082, et al., 356 NLRB No. 108), Spanish Fork, UT, March 9, 2011. 

The Board found that the employer violated the Act by threatening employees with the loss of previously scheduled improvements in the Paid Time Off system; threatening employees with withholding, and failing to announce, the amount of a pre-determined wage increase; threatening employees with the loss of their annual wage increase; and threatening employees that employees would automatically be foreclosed from participating in their current company pension plan if the Union won the election.  In addition, the Board found that the election results should be thrown out, and a new election scheduled, because of this conduct.  The Board also found that the employer violated the Act by maintaining an unlawful eligibility provision in its company pension plan.  The Board found, however, that the employer did not violate the Act by soliciting grievances from employees and promising to remedy them, holding brainstorming meetings, and changing the graveyard shift schedule. 

The charges were filed by Association of Western Pulp and Paper Workers.  Administrative Law Judge Gregory Z. Meyerson issued his decision on December 17, 2009.  Chairman Liebman and Members Becker and Pearce participated. 

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Mastec North America, Inc., d/b/a Mastec Direct TV(10-RC-15707; 356 NLRB No. 110), Kingsport, TN, March 11, 2011

The Employer filed objections seeking to set aside an election that the Union won by a vote of 14 to 12. The Board agreed with the hearing officer that the Union did not engage in objectionable surveillance and electioneering near the polling area. The Board also found, in agreement with the hearing officer, that prounion employees alleged to have threatened eligible voters were not agents of the Union, and that their conduct was insufficient to warrant setting aside the election under the Board’s standard governing conduct by third parties. Dissenting, Member Hayes expressed disagreement with language the Board has used in its decisions to characterize the third-party conduct standard. Member Hayes would have found that the employees’ conduct was sufficient to set aside the election under the third-party standard.

Chairman Liebman and Members Becker and Hayes participated.
 

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Decisions of Administrative Law Judges

Flat Rate Movers, LTD (2-RC-23399, 2-CA-39373 et al.; JD(NY)-08-11) Bronx, NY. Charge filed by Local 116, RWDSU, UFCW. Administrative Law Judge Raymond P. Green issued his decision on March 7, 2011.

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South Jersey Sanitation Corporation (4-CA-37537; JD-06-11) Hammonton, NJ. Charge filed by Teamsters Union Local No. 115 a/w International Brotherhood of Teamsters. Administrative Law Judge Robert A. Giannasi issued his decision on March 7, 2011.

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Teamsters Local Union 509 (ABC Studios) (11-CB-04020; JD (ATL)-5-11) Charleston, SC. Charge filed by an individual. Administrative Law Judge Michael A. Marcionese issued his decision on March 9, 2011.

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Alonso & Carus Iron Works, Inc. (24-CA-11558; JD-12-11) San Juan, PR. Charge filed by United Steel Workers, AFL-CIO, Local 6873. Administrative Law Judge Michael A. Rosas issued his decision on March 10, 2011.

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Appellate Court Decisions

No decisions on NLRB cases were issued by the Appellate Courts this week

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases 

Comau, Inc. (07-RD-03644) March 9, 2011. Order denying request for review.

Sectec, Inc. (05-RC-16611) March 10, 2011. Order denying request for review.

Thunder Valley Casino (20-RD-02488) March 10, 2011. Order affirming administrative dismissal of the petition.

C Cases 

STA of Connecticut, Inc., a wholly owned subsidiary of Student Transportation of America, Inc.(34-CA-12717 et al.) March 7, 2011. Decision and order pursuant to a settlement stipulation.

United Road Services, Inc. (03-CA-27784) March 7, 2011 Order denying petition to revoke subpoena.

Bashas’, Inc. d/b/a Bashas’ Food City, and A.J.’s Fine Foods (28-CA-21435 et al) March 7, 2011. Order granting motion to remand to RD.

Local 687, Michigan Regional Council of Carpenters (Convention & Show Services, Inc.) (07-CB-15293) March 7, 2011. Order granting motion to remand to RD.

Sandra Parker, Clyde Gibb, and Fort Sutter Company, d/b/a Best Western Sutter House (20-CA-34827) March 8, 2011. Order adopting ALJ Decision. Respondent to take action.

Veritas Health Services, Inc. d/b/a Chino Valley Medical Center (31-CA-20105) March 8, 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 March 22, 2011)

New Age Communications Directv, Inc. (20-CA-34742) March 9, 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 March 23, 2011. 

Ecology Services, Inc. Ecology Services Curbside Collection Services, LLC; Ecology Services Anne Arundel County Cartage, LLC (05-CA-35334 et al.) March 10, 2011. Order adopting Respondent to take action.

Mammoth Coal Company (09-CA-42057) March 11, 2011. Invitation to file briefs.

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