Summary of NLRB Decisions for Week of August 5 - 9, 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
Starbucks Corporation (19-RC-330730; 373 NLRB No. 81) Renton, WA, August 8, 2024.
The Board granted the Petitioner's Request for Review of the Regional Director's Order Dismissing Objections as it raised substantial issues warranting review. The Board reversed the Regional Director's dismissal of the Petitioner's objections and remanded for further appropriate action, finding the Petitioner's objections should be treated as timely filed because Petitioner relied on an erroneous deadline date provided by the Region. Dissenting, Member Kaplan would have denied review because the erroneous deadline given by the Region was inconsistent with the Board's rules, and he would therefore not find the Regional Director erred in dismissing the objections as untimely. Petitioner—Workers United a/w Service Employees International Union. Chairman McFerran and Members Kaplan and Prouty participated.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
The RAND Corporation, a California Nonprofit Public Benefit Corporation, which owns and operates Pardee RAND Graduate School (31-RC-308974) Santa Monica, CA, August 9, 2024. The Board denied the Employer’s Request for Review of the Regional Director’s Decision and Direction of Election as it raised no substantial issues warranting review. In denying review, the Board agreed with the Regional Director’s finding that the petitioned-for graduate students are statutory employees because they receive compensation for work they perform on the Employer’s research projects. The Board emphasized that receipt of academic credit, or the presence of pedagogical purposes, for their work did not foreclose or negate the presence of a common-law employment relationship between the graduate students and the Employer, and further remarked that there is no requirement that students’ work advance a “key business operation” of the employer in order to constitute statutory employees. The Board further agreed with the Regional Director that the petitioned-for graduate students did not share an overwhelming community of interest with the Employer’s research staff and made several observations regarding the relevant factors. Finally, the Board rejected the Employer’s argument that a finding of statutory employee status was fundamentally incompatible with a finding that the petitioned-for graduate students do not share an overwhelming community of interest with the research staff. Petitioner—PRGS Organizes-International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (PRGS Organizes-UAW). Members Kaplan, Prouty, and Wilcox participated.
Brown University (01-RC-305104) Providence, RI, August 9, 2024. The Board denied the Petitioner’s Request for Review of the Regional Director’s Decision and Order as it raised no substantial issues warranting review. In denying review, the Board relied on the Regional Director’s finding that the petitioned-for graduate students are not statutory employees but instead individuals receiving “funding to help [them] make academic progress and obtain their degrees.” Petitioner—Graduate Labor Organization, RIFT-AFT Local 6516. Members Kaplan, Prouty, and Wilcox participated.
Dissimilar Metal Design, LLC (19-RD-342145) Bremerton, WA, August 9, 2024. The Board (Members Prouty and Wilcox; Member Kaplan, dissenting) denied the Petitioner’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 reversed the Regional Director. Petitioner—an individual. Union—International Association of Sheet, Metal, Air, Rail, and Transportation Workers, Local 66, AFL-CIO. Members Kaplan, Prouty, and Wilcox participated.
Starbucks Corporation (22-RD-333451) Montclair, NJ, August 9, 2024. The Board (Chairman McFerran and Member Wilcox; Member Kaplan, dissenting) denied the Employer’s Request for Review of the Regional Director’s Dismissal as it raised no substantial issues warranting review. Dissenting, Member Kaplan would have granted review, reversed the Regional Director’s decision, and ordered a new election based on his dissent in Starbucks Corp., 373 NLRB No. 74 (2024). Petitioner—an individual. Union—Workers United a/w SEIU. Chairman McFerran and Members Kaplan and Wilcox participated.
Starbucks Corporation (16-RD-330141) Shavano Park, TX, August 9, 2024. The Board (Chairman McFerran and Member Wilcox; Member Kaplan, dissenting) denied the Employer’s and Petitioner’s Requests for Review of the Regional Director’s Decision and Order Dismissing Petitions as they raised no substantial issues warranting review. Dissenting, Member Kaplan would have granted review, reversed the Regional Director’s decision, and ordered a new election based on his dissent in Starbucks Corp., 373 NLRB No. 74 (2024). Petitioner—an individual. Union—Workers United. Chairman McFerran and Members Kaplan and Wilcox participated.
C Cases
No Unpublished C Cases Issued.
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Appellate Court Decisions
No Appellate Court Decisions involving Board Decisions to report.
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Administrative Law Judge Decisions
Starbucks Corporation (14-CA-291388, et al.; JD-47-24) Kansas City and Independence, MO. Administrative Law Judge Christine E. Dibble issued her decision on August 5, 2024. Charges filed by Chicago & Midwest Regional Joint Board, Workers United/SEIU.
American Civil Liberties Union, Inc. (05-CA-300367 and 05-CA-302762; JD-48-24) Washington, DC. Administrative Law Judge Michael A. Rosas issued his decision on August 7, 2024. Charges filed by Nonprofit Professional Employees Union (NPEU), International Federation of Professional & Technical Engineers (IFTE) Local 70, a/w International Federation of Professional & Technical Engineers, AFL-CIO, CLC. Errata to August 7, 2024 decision issued August 9. Errata Amended Decision.
Bar at 66 Greenpoint, LLC, d/b/a Nighthorse (29-CA-319202; JD(NY)-19-24) Brooklyn, NY. Administrative Law Judge Lauren Esposito issued her decision on August 7, 2024. Charge filed by an individual.
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