Summary of NLRB Decisions for Week of April 6 - 10, 2015
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 Public Affairs at Publicinfo@nlrb.gov or 202‑273‑1991.
Summarized Board Decisions
International Brotherhood of Teamsters, Local 992 (UPS Ground Freight, Inc.) (05-CB-132184; 362 NLRB No. 64) Williamsport, MD, April 6, 2015.
The Board affirmed the Administrative Law Judge’s conclusion that the Respondent violated Section 8(b)(1)(A) when its Business Agent threatened or implied that the Charging Party could be brought up on internal union charges if he testified on behalf of his Employer in a February 20, 2014 arbitration proceeding.
Charge filed by an individual. Administrative Law Judge Arthur J. Amchan issued his decision on December 11, 2014. Chairman Pearce and Members Johnson and McFerran participated.
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Rogan Brothers Sanitation, Inc., and R&S Waste Services, LLC, as single employer, alter ego and/or successor (02-CA-065928, et al.; 362 NLRB No. 61) Yonkers, NY, April 8, 2015.
The Board panel unanimously adopted the judge’s findings that Respondents Rogan Brothers Sanitation and R&S Waste Services were a single employer and violated 8(a)(3) by discharging three employees, and violated 8(a)(1) based on statements made to employees by agents of Respondents. A panel majority found that after the single employer relationship ended, R&S Waste violated 8(a)(3) by refusing to hire one of the discharged employees. Member Johnson found it unnecessary to pass on this violation, in light of the single employer make-whole obligation of R&S for the discharge.
Agreeing with the judge that the collective bargaining agreement between Respondent Rogan Brothers and Teamsters Local 813 was an invalid and unenforceable “members-only” contract, the panel unanimously adopted the judge’s dismissal of allegations that Respondents violated 8(a)(5) by failing to apply the contract’s wage and benefit provisions to all unit employees, and by refusing to furnish Local 813 with relevant requested information. In light of the dismissal of the 8(a)(5) allegations, the panel found it unnecessary to decide whether Respondents were alter egos.
Finally, the panel unanimously adopted the judge’s finding that after the single employer relationship ended, R&S Waste violated 8(a)(1), (2), and (3) by recognizing and entering into a collective-bargaining agreement containing a union-security clause with Respondent International Union of Journeymen and Allied Trades, Local 726. There were no exceptions to the judge’s finding that Local 726 violated 8(b)(1)(A) and (2) by accepting recognition and agreeing to the contract.
Charges were filed by International Brotherhood of Teamsters, Local 813. Administrative Law Judge Raymond P. Green issued his decision on June 17, 2013. Chairman Pearce and Members Hirozawa and Johnson participated.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
No unpublished R case decisions.
C Cases
Hospital of Barstow, Inc. d/b/a Barstow Community Hospital (31-CA-129445) Barstow, CA, April 7, 2015. The Board denied the petition of the Employer, Hospital of Barstow, to revoke a subpoena duces tecum. The subpoena had been served on United States Nursing Corporation, a non-party. The Board found that the Employer lacked standing to seek revocation of a subpoena served on a non-party without establishing that the requested information is protected by a privilege or a right, such as a right of privacy, and that the Employer had failed to make the requisite showing. In addition, the Board found that, even assuming that the Employer had standing to file the petition to revoke, the subpoena sought information relevant to matters under investigation and described with sufficient particularity the evidence sought. Further, the Board held that the Employer failed to establish any other legal basis for revoking the subpoena. The Board also found no merit in the Employer’s argument that the Regional Director for Region 31 lacked the authority to investigate the charge because her appointment was invalid. The Charge was filed by California Nurses Association/National Nurses Organizing Committee. Chairman Pearce and Members Johnson and McFerran participated.
Kellogg Brown & Root, LLC (31-CA-140948) Mountain Pass, CA, April 10, 2015. Order denying the petition filed by Kellogg Brown & Root, LLC to revoke subpoena duces tecum. The Board found that the subpoena sought information relevant to the matter under investigation and described with sufficient particularity the evidence sought. Further, the Board held that the employer failed to establish any other legal basis for revoking the subpoena. Member Johnson noted that, although he would ordinarily find that Section 10(b) is a consideration in determining the relevance of information, this is an arbitration agreement case where the Board has interpreted Section 10(b) to find a violation arising from the ongoing maintenance of a violative arbitration agreement, and the employer put the supervisory status of the Charging Party at issue, which would call for an examination of relevant documents from the time that he was on the employer’s payroll. Charge filed by an individual. Chairman Pearce and Members Johnson and McFerran participated.
G.M.H. Associates of America, Inc. (22-CA-141685) Trenton, NJ, April 10, 2015. The Board denied the Employer’s petition to revoke the subpoena duces tecum, finding that the subpoena seeks information relevant to the matter under investigation and describes with sufficient particularity the evidence sought, as required by Section 11(1) of the Act and Section 102.31(b) of the Board’s Rules and Regulations. The Board further found that the Employer failed to establish any other legal basis for revoking the subpoena.
Charge filed by International Union of Operating Engineers, Local 542. Chairman Pearce and Members Johnson and McFerran participated.
United Food & Commercial Workers Union Local 135, United Food & Commercial Workers International Union, AFL-CIO, CLC (Ralphs Grocery Company) (21-CB-112391) Oceanside, CA, April 10, 2015. With no exceptions pending before the Board after the Respondent withdrew the exceptions it had previously filed to the February 19, 2015 decision of Administrative Law Judge Amita Baman Tracy 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.
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Appellate Court Decisions
No Appellate Court Decisions involving Board Decisions to report.
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Administrative Law Judge Decisions
SB Tolleson Lodging, LLC d/b/a Best Western Tolleson-Phoenix Hotel (28-CA-131049; JD(SF)-14-15) Phoenix, AZ. Administrative Law Judge Amita Baman Tracy issued her decision on April 7, 2015. Charge filed by an individual.
Adriana’s Insurance Services, Inc.; Just Auto Insurance Services, Inc.; Veronica’s Auto Insurance Services, Inc. (31-CA-113416, et al.; JD(SF)-15-15) Los Angeles, CA, April 7, 205. Administrative Law Judge Mary Miller Cracraft issued her decision on April 7, 2015. Charges filed by individuals.
Valley Health Systems LLC d/b/a Spring Valley Hospital Medical Center and Centennial Hills Hospital Medical Center and Desert Springs Hospital Medical Center and Valley Hospital Medical Center and Summerlin Hospital Medical Center LLC d/b/a Summerlin Hospital Medical Center (28-CA-123611 and 28-CA-127147; JD(SF)-08-15) Las Vegas, NV, April 7, 2015. Errata to the March 18, 2015 decision of Administrative Law Judge Lisa D. Thompson. Errata Amended decision.
Green Fleet Systems, LLC (21-CA-100003, et al.; JD(SF)-16-15) Carson, CA. Administrative Law Judge Jeffrey D. Wedekind issued his decision on April 9, 2015. Charges filed by International Brotherhood of Teamsters, Port Division.
International Union of Operating Engineers Local 18 (Donley’s Inc.) (08-CD-081840, et al.; JD-22-15) Cleveland, OH. Administrative Law Judge Mark Carissimi issued his decision on April 9, 2015. Charges filed by various employers.
Neises Construction Corp. (13-CA-135991, et al.; JD-23-15) Crown Point, IN. Administrative Law Judge Arthur J. Amchan issued his decision on April 10, 2015. Charges filed by the Indiana/Kentucky/Ohio Regional council of Carpenter.
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