Summary of NLRB Decisions for Week of August 21 - 25, 2017
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
Glass Fabricators, Inc. and Glass and Metal Solutions, Inc., alter egos (08-CA-174567; 365 NLRB No. 125) Lakewood, OH, August 23, 2017.
The Board (Members Pearce and McFerran; Chairman Miscimarra, dissenting) denied Respondent Glass and Metal Solution, Inc.’s (GMS) Motion for Summary Judgment seeking to dismiss the complaint against itself on the basis that it is not an alter ego of Respondent Glass Fabricators, Inc. (GFI), finding that GMS 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. The majority found that the General Counsel asserted his position that a genuine issue of material fact exists sufficiently to comply with Section 102.24(b) of the Board’s Rules and Regulations, based on the pleadings, the marital relationship between the owners of GMS and GFI, and the General Counsel’s assertion that he would present evidence to show that the Respondents have “substantially identical” ownership, management, business purpose, operations, equipment, customers, supervision, or centralized control of labor relations.
Dissenting, Chairman Miscimarra would have issued a notice to show cause why GMS’s motion should not be granted. Consistent with his concurring positions in L’Hoist North America of Tennessee, Inc., 362 NLRB No. 110 (2015) and Trinity Technology Group, Inc., 364 NLRB No. 133 (2016), Chairman Miscimarra would have found the General Counsel’s opposition insufficient because, in response to GMS’s motion and accompanying affidavit, it provided only conclusory assertions and made no reasonable effort to identify what genuine issues of material fact, if any, warrant a hearing. Specifically, Chairman Miscimarra noted that, other than relying on the marital relationship between the owners of GMS and GFI, which he views as far from a determinative fact in establishing alter ego status, the General Counsel failed to identify any contention or particular facts supporting his alter ego theory.
Charge filed by International Union of Painters & Allied Trades District Council 6. Chairman Miscimarra and Members Pearce and McFerran participated.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
Better Choice Foundation, d/b/a Mary D. Coghill School (15-RC-197643) New Orleans, LA, August 22, 2017. The Board (Members Pearce and McFerran; Chairman Miscimarra, dissenting) denied review of the Regional Director’s Decision and Direction of Election, which found that the Employer did not constitute a political subdivision exempt from Board jurisdiction. Dissenting, Chairman Miscimarra would have granted review and dismissed the petition based on his belief that the Board should decline to assert jurisdiction over charter schools generally and in this case. Petitioner – United Teachers of New Orleans, Local 527, LFT, AFT. Chairman Miscimarra and Members Pearce and McFerran participated.
C Cases
Pacific Coast Supply, LLC d/b/a Anderson Lumber (20-CA-189966) North Highlands, CA, August 22, 2017. No exceptions having been filed to the July 6, 2017 decision of Administrative Law Judge Jeffrey D. Wedekind’s finding that the Respondent had not engaged in certain unfair labor practices, the Board adopted the judge’s findings and conclusions, and dismissed the complaint. Charge filed by Chauffeurs, Teamsters and Helpers, Local 150, International Brotherhood of Teamsters.
Mat-Su Regional Medical Center (19-CA-180385) Palmer, AK, August 22, 2017. No exceptions having been filed to the July 7, 2017 decision of Administrative Law Judge Gerald M. Etchingham’s finding that the Respondent had not engaged in certain unfair labor practices, the Board adopted the judge’s findings and conclusions, and dismissed the complaint. Charges 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
No Administrative Law Judge Decisions Issued.
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