Summary of NLRB Decisions for Week of April 29 - May 3, 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
Compañia Cervecera de Puerto Rico (12-CA-295428 and 12-CA-301300; 373 NLRB No. 47) Mayaguez, PR, April 30, 2024.
The Board adopted the Administrative Law Judge’s conclusions that the Respondent violated Section 8(a)(5), (3), and (1) by unilaterally placing the Union President on six-month, unpaid leave after he engaged in protected activity and that the Respondent violated Section 8(a)(5) and (1) by implementing a new work schedule without first bargaining with the Union to an overall good-faith impasse.
Charges filed by Union Independiente de Trabajadores de Cerveceria India. Administrative Law Judge Kimberly Sorg-Graves issued her decision on August 1, 2023. Chairman McFerran and Members Prouty and Wilcox participated.
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JG Missouri LLC d/b/a Bloc Dispensary (14-CA-323681 and 14-CA-329893; 373 NLRB No. 54) Valley Park, MO, May 1, 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 the Respondent violated Section 8(a)(5) and (1) by failing and refusing to bargain with the Union over the effects of its decision to cease operations and by failing and refusing to furnish the Union with requested relevant and necessary information.
Charges filed by Teamsters Local Union #618, a/w International Brotherhood of Teamsters. Chairman McFerran and Members Kaplan and Wilcox participated.
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Starbucks Corporation (22-CA-305726; 373 NLRB No. 48) Summit, NJ, May 2, 2024.
The Board adopted the Administrative Law Judge’s conclusion that the Respondent violated Section 8(a)(5) and (1) by unreasonably delaying in providing the Union with requested information.
Charge filed by Workers United, a/w Service Employees International Union. Administrative Law Judge Kenneth W. Chu issued his decision on July 14, 2023. Chairman McFerran and Members Prouty and Wilcox participated.
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Russell Reid Waste Hauling & Disposal Service Company, Inc. (22-CA-263364 and 22-RC-261504; 373 NLRB No. 51) Keasbey, NJ, May 2, 2024.
The Board (Members Prouty and Wilcox; Member Kaplan, dissenting) adopted the Administrative Law Judge’s conclusions that the Respondent violated Section 8(a)(1) and engaged in objectionable conduct warranting a rerun election by issuing a memorandum announcing that a regularly scheduled wage increase would be delayed in a manner that placed the onus for the delay on the Union and was otherwise coercive. Member Kaplan, dissenting, would find that the Respondent did not violate the Act or engage in objectionable conduct because objectively reasonable employees who were eligible to vote in the upcoming election would understand that the memorandum’s reference to a delay did not apply to them.
Charge and Petition filed by International Union of Operating Engineers, Local 825. Administrative Law Judge Lauren Esposito issued her decision on August 5, 2022. Members Kaplan, Prouty, and Wilcox participated.
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Commonwealth Electric Company of the Midwest (14-CA-295606; 373 NLRB No. 50) Columbus and Kearney, NE, May 3, 2024.
The Board adopted the Administrative Law Judge’s conclusion that the Respondent violated Section 8(a)(5) and (1) by failing and refusing to furnish relevant information requested by the Union.
Charge filed International Brotherhood of Electrical Workers, Local 265, AFL–CIO and International Brotherhood of Electrical Workers, Local 22, AFL–CIO. Administrative Law Judge Christine E. Dibble issued her decision on September 15, 2023. Chairman McFerran and Members Prouty and Wilcox participated.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
Friends of the Children-Portland (19-UC-323383) Portland, OR, May 1, 2024. The Board denied the Employer’s Request for Review of the Regional Director’s Decision and Order Clarifying Unit as it raised no substantial issues warranting review. Petitioner—Friends of the Children-Portland. Chairman McFerran and Members Kaplan and Prouty participated.
Starbucks Corporation (27-RD-321383) Denver, CO, May 1, 2024. The Board denied the Employer’s Request for Review of the Regional Director's Decision and Order Dismissing Petition as it raised no substantial issues warranting review. Union—Chicago & Midwest Regional Joint Board, Workers United/SEIU. Chairman McFerran and Members Kaplan and Wilcox participated.
Starbucks Corporation (05-RD-324214) Bel Air, MD, May 1, 2024. The Board denied the Employer’s Request for Review of the Regional Director’s Decision and Order Dismissing Petition as it raised no substantial issues warranting review. Dissenting, Member Kaplan would have granted review and ordered processing of the petition due to excessive delay (i.e., the unfair-labor practice charge upon which the dismissal of the petition was based had been pending for almost ten months before the decertification petition was filed). Petitioner—an Individual. Union—Mid-Atlantic Regional Joint Board, Workers United a/w Service Employees International Union. Chairman McFerran and Members Kaplan and Wilcox participated.
C Cases
Jay Peak Pacific LLC (03-CA-318747) Jay, VT, April 29, 2024. The Board denied the Respondent’s Motion to Dismiss the Complaint, finding that 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. Charge filed by an individual. Chairman McFerran and Members Kaplan 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
Kaiser Foundation Hospitals and Kaiser Foundation Health Plan, Inc., d/b/a Kaiser Permanente (32-CA-282834 and 32-CA-287206; JD(SF)-13-24) Oakland, CA. Administrative Law Judge John T. Giannopoulos issued his decision on May 1, 2024. Charges filed by International Union of Operating Engineers, Stationary Engineers, Local 39.
Amazon.com Services LLC (19-CA-297441 and 29-CA-308092; JD(SF)-12-24) Seattle, WA. Administrative Law Judge Brian D. Gee issued his decision on May 1, 2024. Charges filed by Amazon Labor Union.
Prinkipas LLC, d/b/a Lola Taverna (02-CA-311240; JD(NY)-07-24) Manhattan, NY. Administrative Law Judge Benjamin W. Green issued his decision on May 2, 2024. Charge filed by an individual.
West Shore Home, LLC (10-CA-260665; JD-25-24) Wilmington, NC. Administrative Law Judge Keltner W. Locke issued his decision on May 2, 2024. Charge filed by an individual.
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