Summary of NLRB Decisions for Week of August 7 - 11, 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
Starbucks Corporation (07-CA-292971 and 07-CA-293916; 372 NLRB No. 122) Ann Arbor, MI, August 9, 2023.
The Board adopted the Administrative Law Judge’s conclusion that the Respondent violated Section 8(a)(3) and (4) by discharging an employee, the lead union organizer at her store location, for leaving a coworker alone in the store in violation of the Respondent’s “two employee” rule. The Board found that the employee’s discharge was unlawfully motivated and that the Respondent failed to establish that it would have discharged the employee for violating the “two employee” rule absent her protected activities.
Charges filed by Workers United. Administrative Law Judge Geoffrey Carter issued his decision on October 7, 2022. Chairman McFerran and Members Wilcox and Prouty participated.
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Los Robles Regional Medical Center d/b/a Los Robles Hospital & Medical Center, West Hills Hospital d/b/a West Hills Hospital & Medical Center, and Riverside Healthcare System, L.P. d/b/a Riverside Community Hospital (21-CA-261288, et al.; 372 NLRB No. 120) Riverside, Thousand Oaks and West Hills, CA, August 10, 2023.
The Board adopted the Administrative Law Judge’s conclusion that Respondent Los Robles violated Section 8(a)(1) by making coercive threats to employees to dissuade them from unionizing. The Board also adopted the judge’s conclusion that the Respondent Los Robles violated Section 8(a)(5) and (1) when it withheld an annual cost-of-living salary increase from unit members, but a majority (Chairman McFerran and Member Wilcox) found it unnecessary to pass on whether this also violated Section 8(a)(3) and (1). Member Kaplan would have dismissed the Section 8(a)(3) and (1) allegation.
Additionally, a majority (Chairman McFerran and Member Wilcox) adopted the judge’s conclusion that Respondent Riverside violated Section 8(a)(5) and (1) when it unilaterally implemented new usage and storage policies for its personal protective equipment at the onset of the COVID-19 pandemic. Due to exigent circumstances, Member Kaplan would have found that Respondent Riverside violated the Act only by refusing to engage in effects bargaining, not by implementing the policies themselves. The Board also adopted the judge’s conclusion that Respondents Los Robles, Riverside, and West Hills violated Section 8(a)(5) and (1) when they unilaterally implemented a pandemic pay program, and that Respondent Los Robles violated Section 8(a)(5) and (1) when it unilaterally rescinded that program.
Furthermore, a different majority (Chairman McFerran and Member Kaplan) adopted the judge’s dismissal of the allegations that Respondent Los Robles violated Section 8(a)(5) and (1) by failing to respond to the Union’s information request regarding its Centralized Order Entry system and by bypassing the Union to deal directly with employees about their weekend schedules. Member Wilcox would have found these two violations.
Charges filed by Service Employees International Union Local 121 RN. Administrative Law Judge Lisa D. Ross issued her decision on July 8, 2022. Chairman McFerran and Members Kaplan and Wilcox participated.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
TCGPlayer, Inc. (03-RC-310876) Syracuse, NY, August 10, 2023. The Board denied the Employer’s Request for Review of the Acting Regional Director’s Decision and Direction of Election and the Regional Director’s Decision on Objections and Certification of Representative as it raised no substantial issues warranting review. Petitioner—Communications Workers of America. Chairman McFerran and Members Kaplan and Prouty participated.
C Cases
No Unpublished C Cases Issued.
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Appellate Court Decisions
Tri-County Electric Cooperative, Inc., Board Case No. 16-CA-260485 (unpublished order dated September 1, 2021) (5th Cir. decided August 8, 2023).
Summarily enforcing the Board’s order in this Section 8(a)(3) and (1) discharge case, the Court, in an unpublished per curiam opinion, found that the Board did not abuse its discretion when it determined that Tri-Country failed to show excusable neglect for submitting its exceptions 30 minutes after the deadline for doing so because it had failed to take into account the time-zone difference between its location and the Board’s Headquarters.
The Court’s unpublished opinion may be found here.
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Administrative Law Judge Decisions
Starbucks Corporation (20-CA-296184; JD(SF)-20-23) Honolulu, HI. Administrative Law Judge Eleanor Laws issued her decision on August 8, 2023. Charge filed by Workers United Labor Union International, a/w Service Employees International Union.
Starbucks Corporation (20-CA-298282; JD(SF)-18-23) San Francisco, CA. Errata to decision issued July 31, 2023. Errata Amended Decision.
Starbucks Corporation (04-CA-294636, et al.; JD-50-23) Philadelphia, PA. Administrative Law Judge Michael A. Rosas issued his decision on August 10, 2023. Charges filed by Workers United a/w Service Employees International Union.
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