Summary of NLRB Decisions for Week of April 10 - 14, 2023
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
Stern Produce Company (28-CA-282577 and 28-CA-285540; 372 NLRB No. 74) Phoenix, AZ, April 11, 2023.
The Board reversed the Administrative Law Judge’s conclusion and found that the Respondent violated Section 8(a)(1) by creating an impression that employees’ protected activities were under surveillance when it departed from its past practice by accessing the inside facing camera in the cab of a driver’s truck and requesting that he uncover it. The Board also reversed the judge’s conclusion and found that the Respondent violated Section 8(a)(4), (3), and (1) by issuing a written warning to another employee because he supported and engaged in activities on behalf of the Union and participated in Board proceedings.
Charges filed by United Food and Commercial Workers Union, Local 99. Administrative Law Judge Dickie Montemayor issued his decision on June 22, 2022. Chairman McFerran and Members Wilcox and Prouty participated in the decision.
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PPG Industries Ohio, Inc. (08-CA-279834; 372 NLRB No. 78) Cleveland, OH, April 13, 2023.
The Board adopted the Administrative Law Judge’s conclusion that the Respondent violated Section 8(a)(5) and (1) by unilaterally changing employees’ schedules from 8-hour to 12-hour shifts without bargaining with the Union during first-contract negotiations. The Board found that the Respondent could not establish that a past practice of making similar changes or an economic exigency excused its obligation to bargain with the Union over the change.
Charge filed by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW. Administrative Law Judge Robert A. Ringler issued his decision on April 8, 2022. Members Kaplan, Wilcox, and Prouty participated.
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Gimme Coffee, Inc. (03-RD-271639; 372 NLRB No. 75) Ithaca, NY, April 13, 2023.
The Board granted the Union’s Request for Review of the Acting Regional Director’s Supplemental Decision on Challenged Ballots and Certification of Results as it raised substantial issues warranting review. On review, the Board found that the Acting Regional Director had erred in sustaining the challenges to the ballots of nine laid-off voters on the basis that they had no reasonable expectation of recall in the near future. Based on the factual circumstances of this case, the Board found that the Employer had failed to carry its burden of demonstrating that the laid-off employees lack a reasonable expectation of recall in the near future and that the record evidence is to the contrary. The Board reversed the Acting Regional Director, rescinded the Certification of Results, and remanded the case to the Regional Director for further appropriate action, including opening and counting the nine disputed ballots.
Petitioner— an individual. Union—Workers United Local 2833. Chairman McFerran and Members Wilcox and Prouty participated.
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Mexican Radio Corp. and Mexican Radio Hudson, LLC, Mexican Radio Schenectady, LLC, and Bread and Roses, LLC, a single-integrated enterprise and/or single employer (02-CA-168989; 372 NLRB No. 77) New York, NY, April 14, 2023.
In this compliance proceeding, the Board granted the General Counsel’s Motion to Strike and for Partial Summary Judgment as to those paragraphs of the compliance specification where the Respondent gave insufficient answers or attempted to relitigate matters that had been decided in the underlying unfair labor practice proceeding, The Board also remanded this case to the Regional Director to arrange a hearing concerning paragraphs of the compliance specification to which summary judgment was not granted.
Charge filed by an individual. Chairman McFerran, Members Kaplan and Prouty participated.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
Oregon Shakespeare Festival Association (19-UC-300038) Ashland, OR, April 13, 2023. The Board denied the Petitioner’s Request for Review of the Regional Director’s Decision and Order Clarifying Unit as it raised no substantial issues warranting review. The Board rejected the Petitioner’s contentions concerning supervisory status of the charge scenic artist. Petitioner—International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, its Territories and Canada, Local 154. Chairman McFerran and Members Kaplan and Wilcox participated.
C Cases
Joseppi’s LLC, d/b/a Arcata Theatre Lounge (20-CA-292430) Arcata, CA, April 10, 2023. No exceptions having been filed to the February 23, 2023 decision of Administrative Law Judge Gerald Michael Etchingham’s finding that the Respondent had engaged in certain unfair labor practices, the Board adopted the judge’s findings and conclusions, and ordered the Respondent to take the action set forth in the judge’s recommended Order. Charge filed by an individual.
Starbucks Corporation (02-CA-303077 and 02-CA304431) New York, NY, April 13, 2023. The Board denied the Respondent’s Motion to Dismiss specified paragraphs of the consolidated complaint. The Respondent had not demonstrated that the complaint fails to state a claim upon which relief can be granted and that it is entitled to judgment as a matter of law. The Board also denied the Respondent’s alternative request to sever and hold in abeyance those paragraphs of the complaint. Charges filed by Workers United. Chairman McFerran and Members Kaplan and Wilcox participated.
Community Organized Relief Effort (31-CA-272228) Los Angeles, CA, April 13, 2023. The Board denied the General Counsel’s Request for Special Permission to Appeal the Administrative Law Judge’s ruling that, in relevant part, denied the General Counsel’s petition to revoke the Respondent’s subpoena duces tecum to the Charging Party. The Board found that the judge’s subsequent order dismissing the complaint obviated any need for interlocutory relief. The Board specified that the denial was without prejudice to the General Counsel’s right to renew her objections before the Board on any request for review of the judge’s dismissal order. Charge filed by an individual. Chairman McFerran and Members Kaplan and Prouty participated.
Starbucks Corporation (01-CA-30321 and 01-CA-307585) Vernon, CT, April 13, 2023. The Board denied the Respondent’s Motion to Dismiss a portion of the complaint. The Respondent had not demonstrated that the portion of the complaint fails to state a claim upon which relief can be granted and that it is entitled to judgment as a matter of law. The Board also denied the Respondent’s alternative request to sever and hold in abeyance a specified paragraph of the complaint. Charges filed by Workers United Labor Union International, a/w Service Employees International Union. Chairman McFerran and Members Kaplan and Wilcox participated.
United States Postal Service (15-CA-296902) Memphis, TN, April 13, 2023. In this case alleging Section 8(a)(5) and (1) violations, the Board approved a formal settlement stipulation between the Respondent, the Charging Party, and the General Counsel, and specified actions the Respondent must take to comply with the Act. Charge filed by American Postal Workers Union, Local 96. Chairman McFerran and Members Kaplan and Prouty participated.
San Mateo Healthcare & Wellness Centre, a Limited Partnership and San Mateo Wellness Group, LLC, General Partner, d/b/a Burlingame Skilled Nursing (20-CA-290938, et al.) Burlingame, CA, April 13, 2023. In this case alleging Section 8(a)(5) and (1) violations, the Board approved a formal settlement stipulation between the Respondent, the Charging Party, and the General Counsel, and specified actions the Respondent must take to comply with the Act. Charges filed by American Federation of State, County and Municipal Employees, Council 57, Local 829. Chairman McFerran and Members Kaplan and Prouty 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
Challenge Mfg. Holdings, Inc. (07-CA-286573; JD-24-23) Pontiac, MI. Administrative Law Judge Keltner W. Locke issued his decision on April 10, 2023. Charge filed by an individual.
Laborers’ International Union of North America, Local 872 (TV Transport) (28-CB-267014; JD-26-23) Las Vegas, NV. Errata to decision issued on April 7, 2023. Errata Amended Decision.
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