Summary of NLRB Decisions for Week of April 1 - 5, 2024

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 the Executive Secretary at 202‑273‑1940.

Summarized Board Decisions

MPStar Professionals, LLC and its alter ego, Cleaning Pros by MPStar Pros, LLC  (01-CA-291402; 373 NLRB No. 42)  Boston, MA, April 2, 2024.

The Board granted the General Counsel’s Motion for Default Judgment based on the Respondent’s failure to file an answer to the complaint.  The Board found that Respondent Cleaning Pros by MPStar Pros, LLC is an alter ego of Respondent MPStar Professionals, LLC.  The Board further found that the Respondent violated Section 8(a)(1) by discharging employees because the employees engaged in protected, concerted activities and to discourage employees from engaging in such activities.

Charge filed by individuals. Members Kaplan, Prouty, and Wilcox participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Black Iron Reinforcing, LLC  (28-RC-290472)  Las Vegas, NV, April 1, 2024.  The Board granted in part and denied in part the Employer’s Request for Review of the Regional Director for Region 28’s Decision and Direction of Election and the Regional Director for Region 13’s Report on Challenged Ballots and Objections and Order Directing Opening of Certain Challenged Ballots. The Board granted review as to (1) Region 28’s direction of the election in the petitioned-for unit of ironworkers and laborers and (2) Region 13’s order to open and count the ballots of three discriminatees under the process set out in the Board’s decision in International Ladies Garment Workers Union, 137 NLRB 1681 (1962) (ILGWU).  The Board denied the Employer’s Request for Review in all other aspects, finding that it raised no substantial issues warranting review.  Upon review, the Board affirmed the Regional Director for Region 28’s finding that the petitioned-for unit is an appropriate unit under the Board’s decision in American Steel. Regarding Regional Director for Region 13’s order to open and count the ballots of three discriminatees, the Board found it was unnecessary for these ballots to be opened and counted as once the Regional Director had sustained the challenges to three other challenged ballots (and no party had requested review), the remaining five challenged ballots were not determinative.  The Board also clarified that the ILGWU process provides for the opening of ballots to determine whether the votes of discriminatees would be determinative and not to add their votes, at this initial stage, to the Tally of Ballots. Petitioner—District Council of Iron Workers of the State of California and Vicinity.  Members Kaplan, Prouty, and Wilcox participated.

C Cases

Starbucks Corporation  (09-CA-308462, et al.)  Farmingville, NY, April 2, 2024.  The Board denied as moot the Respondent’s Motion to Dismiss paragraph 13, and its cross-reference in paragraph 25, of the complaint in Case 29-CA-308462.  The intervening amended consolidated complaint, which supersedes the original, no longer alleges paragraph 13 as a violation of the Act.  Charges filed by Workers United, a/w Service Employees International Union.  Chairman McFerran and Members Prouty and Wilcox participated.

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Appellate Court Decisions

No Appellate Court Decisions involving Board Decisions to report.

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Administrative Law Judge Decisions

Leo Marine Services, Inc., Olympic Tug & Barge, Inc., and Centerline Logistics Corporation  (19-CA-273208, et al.; JD-16-24)  San Pedro, CA.  Administrative Law Judge Ira Sandron issued his decision on April 3, 2024.  Charges filed by International Organization of Masters, Mates & Pilots, AFL-CIO. Errata issued April 5, 2024.  Errata   Amended Decision.

American Federation for Children, Inc.  (28-CA-246878 and 28-CA-262471; JD-20-24)  Phoenix, AZ. Administrative Law Judge Geoffrey Carter issued his decision on April 4, 2024.  Charges filed by an individual.

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