Summary of NLRB Decisions for Week of August 14 - 18, 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
Art Directors Guild, Local 800, IATSE (31-CA-268924; 372 NLRB No. 123) Studio City, CA, August 15, 2023.
The Board, reversing the Administrative Law Judge, dismissed the complaint allegation that the Respondent violated Section 8(a)(3) and (1) by discharging an employee for her role in a successful organizing campaign by the Respondent’s employees. In so doing, a majority (Chairman McFerran and Member Wilcox) found it unnecessary to pass on whether the General Counsel sustained her initial burden of proof under Wright Line, and that the Respondent carried its rebuttal burden by demonstrating that it would have discharged the employee for lawful reasons even in the absence of her union activities. Member Kaplan would have found that the General Counsel did not meet her initial burden of proof under Wright Line.
Charge filed by an individual. Administrative Law Judge Gerald M. Etchingham issued his decision on July 29, 2022. Chairman McFerran and Members Kaplan and Wilcox participated.
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United States Postal Service (12-CA-271025; 372 NLRB No. 119) Tallahassee, FL, August 15, 2023.
In the absence of exceptions to findings of a violation, the Board unanimously adopted the Administrative Law Judge’s conclusion that the Respondent violated Section 8(a)(3) and (1) by not offering an employee a full-time work schedule because of her union activities since July 26, 2021. The Board also found, however, that the judge’s evidentiary ruling, which generally excluded his consideration of evidence predating October 9, 2020, was an abuse of discretion and reversed that ruling. Then, considering evidence predating October 9, 2020, the Board found that an application of Wright Line warranted a conclusion that the Respondent violated Section 8(a)(3) and (1) since October 7, 2020, approximately ten months earlier than the date of the violation found by the judge.
As to the remedies, the Board denied the General Counsel’s request for several extraordinary remedies including damages for nonpecuniary harms and a letter of apology. A Board majority (Chairman McFerran and Member Wilcox) also denied the General Counsel’s request that the Board order the Respondent to obtain certifications from its managers and supervisors indicating that they have reviewed and understood the decisions finding a violation in this case and file copies of the certifications with the Regional Director. Member Prouty noted that he would have granted that remedy under Section 10(c) of the Act.
Charge filed by an individual. Administrative Law Judge Ira Sandron issued his decision on June 7, 2022. Chairman McFerran and Members Wilcox and Prouty participated.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
Starbucks Corporation (13-RC-296747) Chicago, IL, August 15, 2023. 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. Petitioner—Chicago & Midwest Regional Joint Board, Workers United/SEIU. Chairman McFerran and Members Kaplan and Prouty participated.
C Cases
United States Postal Service (12-CA-294139) St. Thomas, VI, August 15, 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 National Association of Letter Carriers, Branch 6412, AFL-CIO. Chairman McFerran and Members Kaplan and Prouty participated.
TCGPlayer, Inc. (03-CA-314051) Syracuse, NY, August 15, 2023. The Board denied the Employer’s Petition to Revoke an investigative subpoena duces tecum, finding that the subpoena sought information relevant to the matter under investigation and described with sufficient particularity the evidence sought, and that the Employer failed to establish any other legal basis for revoking the subpoena. The Board also denied the Employer’s objection to any demand for “native” production as premature. Charge filed by Communication Workers of America. Chairman McFerran and Members Kaplan and Prouty participated.
SJT Holdings, Inc., McDonald’s USA, LLC, and McDonald’s Corp. (20-CA-310742) Vallejo, CA, August 15, 2023. The Board denied the Petitions to Revoke investigative subpoenas duces tecum, as the subpoenas sought information relevant to the matters under investigation and described with sufficient particularity the evidence sought, and the Petitioners failed to establish any other legal basis for revoking the subpoenas. McDonald’s accompanying motion, joined by SJT, to recuse Member Prouty was denied. Charge filed by SEIU National Fast Food Workers Union. Chairman McFerran and Members Kaplan and Prouty participated.
Hillside Operator, LLC, d/b/a Hillside Rehab and Healthcare Center and Luxor Healthcare, LLC, Joint Employers (14-CA-285257, et al.) Saint Louis, MO, August 17, 2023. No exceptions having been filed to the July 3, 2023 decision of Administrative Law Judge Christal J. Key’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. Charges filed by SEIU Healthcare MO-KS, a Division of SEIU Healthcare Illinois/Indiana.
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Appellate Court Decisions
No Appellate Court Decisions involving Board Decisions to report.
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Administrative Law Judge Decisions
HDI Power & Controls, LLC, d/b/a HDI Electrical Services (12-CA-300277; JD-51-23) Screven, GA. Administrative Law Judge Christal J. Key issued her decision on August 14, 2023. Charge filed by an individual.
Governed United Security Professionals (Golden SVCS, LLC) (05-CB-299530; JD-53-23) Washington, DC. Administrative Law Judge Michael A. Rosas issued his decision on August 18, 2023. Charge filed by an individual.
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