Summary of NLRB Decisions for Week of April 20 - 24, 2020
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
National Hot Rod Association (NHRA) (29-CA-254128; 369 NLRB No. 60) Glendora, CA, April 17, 2020.
The Board granted the General Counsel’s Motion for Summary Judgment in this test-of-certification case on the grounds that the Respondent failed to raise any issues that were not, or could not have been, litigated in the underlying representation proceeding in which the Union was certified as the bargaining representative. The Board found that the Respondent violated Section 8(a)(5) and (1) by failing and refusing to recognize and bargain with the Union.
Charge filed by International Alliance of Theatrical Stage Employees, AFL-CIO. Chairman Ring and Members Kaplan and Emanuel participated.
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Nexstar Broadcasting, Inc. d/b/a KOIN-TV (19-CA-219985 and 19-CA-219987; 369 NLRB No. 61) Portland, OR, April 21, 2020.
The Board adopted the Administrative Law Judge’s conclusion that the Respondent violated Section 8(a)(5) and (1) by unilaterally implementing an annual driver-background check and changing when it posted work schedules after the expiration of the parties’ collective-bargaining agreement. The Board held that provisions in an expired collective-bargaining agreement do not cover post-expiration unilateral changes unless the agreement contains language explicitly providing that the relevant provision survives the contract’s expiration. The Board found the parties’ collective-bargaining agreement lacked such language and therefore did not cover the changes at issue. The Union thus had a statutory right to the status quo, which the Board found to be established by the parties’ past practice as contrary to the unilateral changes. The Board also affirmed the judge’s findings that the Union did not waive its statutory right to bargain over the changes and that deferral was inappropriate because the changes were made after the parties’ agreement expired. Finally, the Board found the sound arguable basis standard inapplicable because the changes at issue occurred after the expiration of the parties’ collective-bargaining agreement.
Charges filed by National Association of Broadcast Employees & Technicians, The Broadcasting and Cable Television Workers Sector of the Communications Workers of America, Local 51, AFL‒CIO. Administrative Law Judge Robert A. Giannasi issued his decision on February 27, 2019. Chairman Ring and Members Kaplan and Emanuel participated.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
Crozer-Chester Medical Center (04-RC-257107) Upland, PA, April 23, 2020. The Board denied the Employer’s Request for Review of the Acting Regional Director’s Decision and Direction of Election as it raised no substantial issues warranting review. The Board also denied the Employer’s request to stay the election. While acknowledging that this election involves employees at an acute-care hospital and that conducting an election during the COVID-19 pandemic raises significant challenges for the employees, the Petitioner, the Employer, and the Regional personnel, the Board recognized that its general obligation is to maintain operations to the extent that it is safe and feasible to do so. Petitioner—Crozer Professionals Union/Pennsylvania Association of Staff Nurses and Allied Professionals. Chairman Ring and Members Kaplan and Emanuel participated.
NorthShore University HealthSystem d/b/a NorthShore Home and Hospice Services (13-RC-257168) Skokie, IL, April 23, 2020. The Board denied the Employer’s Request for Review of the Regional Director’s Order Revoking Stipulated Election Agreement and Notice of Rescheduling Hearing, wherein the Regional Director relied upon the COVID-19 pandemic and the need “to ensure the safety of all parties and Board personnel,” as it raised no substantial issues warranting review. The Board also denied the Employer’s request to stay the election as moot. Petitioner—AFSCME (American Federation of State, County, & Municipal Employees), Council 31. Chairman Ring and Members Kaplan and Emanuel participated.
JAM Productions, Ltd., Event Productions, Inc., Standing Room Only, Inc., and Victoria Operating Co., a single employer (13-RC-160240) Chicago, IL, April 24, 2020. The Board granted the Employer’s Request for Review of the Regional Director’s Supplemental Decision and Certification of Representative as it raised substantial issues warranting review. Petitioner—Theatrical Stage Employees Union Local No. 2, I.A.T.S.E. Chairman Ring and Members Kaplan and Emanuel participated.
C Cases
New York-Presbyterian Brooklyn Methodist Hospital (29-CA-247813) Brooklyn, NY, April 20, 2020. The Board denied the Respondent’s Motion to Dismiss the Complaint, finding that the Respondent did not demonstrate 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. Charge filed by New York State Nurses Association. Chairman Ring and Member Emanuel participated. Member Kaplan was a member of the panel for quorum purposes only but did not participate in the decision on the merits.
National Association of Broadcast Employees & Technicians, The Broadcasting and Cable Television Workers Sector of the Communications Workers of America, Local 51, AFL-CIO (19-CB-234944) Portland, OR, April 22, 2020. No exceptions having been filed to the March 10, 2020 decision of Administrative Law Judge Mara-Louise Anzalone’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 Nexstar Broadcasting, Inc. d/b/a KOIN-TV.
Kenny/Obayashi V, a joint venture between Kenny Construction Company and Obayashi USA, LLC (08-CA-226350) Akron, OH, April 24, 2020. No exceptions having been filed to the March 12, 2020 decision of Administrative Law Judge Thomas M. Randazzo’s finding that the Respondent had not engaged in certain unfair labor practices, the Board dismissed the complaint. Charge filed by Laborers Local Union No. 894 a/w Laborers International Union of North America.
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Appellate Court Decisions
No Appellate Court Decisions involving Board Decisions to report.
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Administrative Law Judge Decisions
United Food and Commercial Workers Union Local 400 CLC (Kroger Store No. 755) (06-CB-222829; JD-18-20) Morgantown, WV. Administrative Law Judge Robert A. Giannasi issued his decision on April 20, 2020. Charge filed by an individual.
National Rural Carriers Association (United States Postal Service) (27-CB-245422; JD(SF)-10-20) Cheyenne, WY. Administrative Law Judge Dickie Montemayor issued his decision on April 21, 2020. Charge filed by an individual.
FDRLST Media, LLC (02-CA-243109; JD(NY)-04-20) New York, NY. Administrative Law Judge Kenneth W. Chu issued his decision on April 22, 2020. Charge filed by an individual.
SAG-AFTRA New York (Various Employers) (02-CB-242132; JD(NY)-06-20) New York, NY. Administrative Law Judge Lauren Esposito issued her decision on April 22, 2020. Charge filed by an individual.
Southern Ocean Medical Center, Jersey Shore University Medical Center, Palisades Medical Center, and The Harborage, a division of HMH Hospitals Corp. (22-CA-223734 and 22-CA-223942; JD(NY)-05-20) North Bergen, NJ. Administrative Law Judge Benjamin W. Green issued his decision on April 24, 2020. Charges filed by Health Professionals and Allied Employees.
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