Summary of NLRB Decisions for Week of April 5 - 9, 2021
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
David Saxe Productions, LLC and V Theater Group, LLC, Joint Employers (28-CA-219225, et al.; 370 NLRB No. 103) Las Vegas, NV, April 5, 2021.
The Board concluded that the Respondent committed numerous unfair labor practices during and shortly after a union organizing campaign and election. The Board found that the Respondent violated Section 8(a)(3) and (1) by a mass discharge of eight prounion employees, by discharging two other union supporters, by granting a mid-campaign wage increase, by placing more exacting conditions on a prounion employee, by disciplining another prounion employee, and by reducing the paid hours of two employees. The Board also concluded that the Respondent violated Section 8(a)(1) by threats, interrogation, giving the impression that employees’ union activities were under surveillance, and soliciting grievances and requests for improved terms.
Further, the Board directed that the challenged ballots of seven unlawfully discharged employees be opened and counted. The Board directed a second election if the revised tally, after the challenged ballots are counted, does not yield a union majority. Finally, the Board’s remedies included a broad cease-and-desist order, an explanation of rights, and a notice-reading provision. Member Emanuel dissented regarding the notice-reading.
Charges filed by International Alliance of Theatrical Stage Employees and Moving Picture Technicians, Artists, and Allied Crafts of the United States and Canada, Local 720, AFL-CIO. Administrative Law Judge Mara-Louise Anzalone issued her decision on August 27, 2019. Members Kaplan, Emanuel, and Ring participated.
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Mid City Parking, Inc. (13-CA-257439; 370 NLRB No. 105) Chicago, IL, April 8, 2021.
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 over the effects of its decision to close, failing and refusing to furnish the Union with requested information that is relevant and necessary to the Union’s performance of its functions as the collective-bargaining representative, and failing to continue in effect all the terms and conditions of its contract with the Union.
Charge filed by Teamsters Local 727. Members Kaplan, Emanuel, and Ring participated.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
Hitachi Rail Honolulu JV (20-RC-269153) Honolulu, HI, April 8, 2021. The Board denied the Employer’s Request for Review of the Regional Director’s Decision and Direction of Election (ordering a mail-ballot election due to the circumstances related to the COVID-19 pandemic) as it raised no substantial issues warranting review. While the Board found that the Regional Director misapplied two factors set forth in Aspirus Keweenaw, 370 NLRB No. 45 (2020), the Board noted that the election has been held and setting it aside would result in wasted resources and delay and would be a disservice to the employees who cast their ballots in good faith. Petitioner—Hawaii Teamsters and Allied Workers, Local 996. Chairman McFerran and Members Kaplan and Ring participated.
Wayne/Scott Fetzer Company d/b/a Wayne Combustion Systems (25-RD-256161) Fort Wayne, IN, April 9, 2021. The Board denied the Employer’s Request for Review of the Regional Director’s Decision on Objections and Certification of Representative as it raised no substantial issues warranting review. Union—United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, and its Local 903-2. Petitioner—an individual. Members Kaplan, Emanuel, and Ring participated.
C Cases
Hyundai Power Transformers USA, Inc. (15-CA-230678, et al.) Montgomery, AL, April 5, 2021. The Board denied the Respondent’s Motion to Dismiss the Complaint, finding that the Respondent failed to demonstrate that the complaint fails to state a claim upon which relief can be granted. The Board found the Respondent’s alternative request that the Board stay the proceedings pending resolution of federal litigation was not properly before the Board. Charges filed by individuals. Chairman McFerran and Members Kaplan and Ring participated.
Management & Training Corporation (01-CA-267261) Chicopee, MA, April 7, 2021. The Board denied the Respondent’s Motion for Summary Judgment, finding that the Respondent failed to establish that there are no genuine issues of material fact warranting a hearing and that it is entitled to judgment as a matter of law. Charge filed by IUE-CWA, the Industrial Division of the Communications Workers of America, AFL-CIO. Chairman McFerran and Members Kaplan and Ring participated.
Springfield Urban League, Inc. (25-CA-248142, et al.) Springfield, IL, April 9, 2021. In this case alleging violations of Section 8(a)(5) and (1), 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 (AFSCME), Council 31, AFL-CIO. Chairman McFerran and Members Kaplan and Ring participated.
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Appellate Court Decisions
SCL Health, St. James Medical Group, Rocky Mountain Clinic, Board Case No. 19-CA-242468 (reported at 369 NLRB No. 29) (D.C. Cir. decided April 6, 2021).
In an unpublished judgment issued in this test-of-certification case, the Court enforced the Board’s bargaining order issued against this operator of three non-acute outpatient health clinics in Boulder, Montana, after a unit of its registered nurses voted 12 to 0 in a February 2019 election to be represented by the Montana Nurses Association. In doing so, the Court held that the Board did not abuse its discretion in excluding “advanced practice practitioners” from the unit.
In the underlying representation proceeding, after the Union petitioned to represent the registered nurses, the Employer contended that the only appropriate unit must contain eight advanced practice practitioners working at the clinics. After a hearing, the Regional Director issued a decision in which he followed the three-step analysis of PCC Structurals, Inc., 365 NLRB No. 160 (2017), and applied the standard for non-acute care facilities established in Park Manor Care Center, 305 NLRB 872 (1991). The Regional Director concluded that the registered nurses share a community of interest sufficiently distinct from the interests of the advanced practice practitioners so as to warrant a separate bargaining unit, and directed an election. After the registered nurses voted unanimously in favor of the Union, and the Union was certified, the Employer filed a Request for Review, which was denied by the Board (then-Chairman Ring and Members McFerran and Kaplan). Thereafter, the Employer refused to bargain in order to seek court review.
Before the Court, the Employer did not contest that the registered nurses share a community of interest, instead arguing that the Regional Director inadequately analyzed whether their interests are sufficiently distinct from those of the advanced-practice practitioners, and also that he erred in applying the industry-specific precedent of Park Manor. The Court disagreed, holding that the Regional Director acted within his discretion in concluding that the interests of the registered nurses were sufficiently distinct to outweigh the few commonalities. The Court further held that the Regional Director properly applied the industry-specific standard of Park Manor. Summarily rejecting the Employer’s remaining contentions, the Court enforced the Board’s order.
The Court’s judgment is here.
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Administrative Law Judge Decisions
Logmet, LLC (09-CA-247369; JD-14-21) Dayton, OH. Administrative Law Judge Arthur J. Amchan issued his decision on April 5, 2021. Charge filed by Local Union No. 780, Motion Picture and Video Laboratory Technicians, Allied Crafts and Government Employees, IATSE.
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