Summary of NLRB Decisions for Week of December 10 - 14, 2018
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
Rockwell Mining LLC (09-CA-216001; 367 NLRB No. 46) Wharton, WV, December 11, 2018.
The Board granted the General Counsel’s Motion for Partial Summary Judgment in this test-of-certification case on the ground that the Respondent failed to raise any issues that were not, or could not have been, litigated in the underlying representation proceeding in which the Union was certified as the bargaining representative.
Charge filed by United Mineworkers of America, AFL-CIO, Region 2, District 12. Chairman Ring and Members Kaplan and Emanuel participated.
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Dolgencorp, LLC (14-CA-223328; 367 NLRB No. 48) Auxvasse, MO, December 11, 2018.
The Board granted the General Counsel’s Motion for Summary Judgment in this test-of-certification case on the ground that the Respondent failed to raise any issues that were not, or could not have been, litigated in the underlying representation proceeding in which the Union was certified as the bargaining representative.
Charge filed by United Food and Commercial Workers, Local 655. Members McFerran, Kaplan, and Emanuel participated.
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Chicago Teachers Union (13-CA-207629 and 13-CA-213316; 367 NLRB No. 50) Chicago, IL, December 12, 2018.
The Board granted the General Counsel’s Motion for Default Judgment based on the Respondent’s failure to file an answer to the complaint. The Board found that the Respondent violated Section 8(a)(1) by selectively and disparately enforcing a work rule and threatening employees because they engaged in union and protected concerted activities.
Charges filed by an individual. Chairman Ring and Members McFerran and Kaplan participated.
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Troutbrook Company, LLC d/b/a Brooklyn 181 Hospitality LLC (29-RC-216327; 367 NLRB No. 56) Brooklyn, NY, December 13, 2018.
The Board denied the Employer’s Request for Review and Stay of the Regional Director’s Decision on Objections to Rerun Election and Certification of Representative as it raised no substantial issues warranting review. Chairman Ring and Member Kaplan expressed no view with respect to the revisions made to the Board’s Election Rule, but agreed that it applied here and warranted denial of the Employer’s Request to Stay the certification of representative.
Intervenor-Cross Petitioner—New York Hotel & Motel Trades Council, AFL-CIO (HTC). Chairman Ring and Members McFerran and Kaplan participated.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
EQT Production Company (Subsidiary of EQT Corporation) (09-RC-220731) Pikeville, KY, December 10, 2018. The Board denied the Employer’s Request for Review of the Regional Director’s Decision and Certification of Representative as it raised no substantial issues warranting review. The Regional Director overruled the Employer’s objections concerning employees’ photographing of their marked ballots. Petitioner—United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. Chairman Ring and Members McFerran and Emanuel participated.
Atlantic City Electric Company (04-RC-221319) Mays Landing, NJ, December 13, 2018. The Board granted the Employer’s Request for Review of the Acting Regional Director’s Decision and Direction of Election with respect to whether the Employer’s System Operators possess the authority to assign employees to places and responsibly direct employees using independent judgment. The Request for Review was denied in all other respects. Member McFerran joined in granting review only with respect to whether System Operators possess the authority to assign employees to places using independent judgment, given that the Board presently is considering a similar issue in another case, Entergy Mississippi, Case 15-CA-018136, on remand from the Fifth Circuit Court; she would have found no substantial issues warranting review with respect to the Acting Regional Director’s determination regarding responsible direction and would deny review in that and all other respects. The Acting Regional Director had found that the Employer had not established that the System Operators possessed any indicia of supervisory authority under the Act. Petitioner—International Brotherhood of Electrical Workers, Local 210. Members McFerran, Kaplan, and Emanuel participated.
C Cases
UPMC and its Subsidiary, UPMC Presbyterian Shadyside, Single Employer, d/b/a UPMC Presbyterian Hospital (06-CA-102465, et al.) Pittsburgh, PA, December 11, 2018. The Board denied the Respondent’s Motion for Reconsideration of the Board’s Decision and Order, reported at 366 NLRB No. 185 (2018), on the basis that the Respondent had not identified any material error or demonstrated extraordinary circumstances warranting reconsideration. The Board Order corrected a factual misstatement made in the underlying majority opinion regarding the Section 8(a)(2) allegation. Member Emanuel noted that he adhered to his dissenting positions in the underlying merits case, but he agreed that the Respondent had not demonstrated extraordinary circumstances warranting reconsideration. Chairman Ring noted that he did not participate in the underlying decision, but he agreed that reconsideration is not warranted. Charges filed by SEIU Healthcare Pennsylvania CTW, CLC. Chairman Ring and Members McFerran and Emanuel participated.
Gardner Trucking, Inc. (31-CA-191361, et al.) Ontario, CA, December 12, 2018. No exceptions having been filed in severed Case 31-CA-191361 in which the Administrative Law Judge dismissed the allegations, the Board adopted the judge’s findings and conclusions, and dismissed the complaint. Charges filed by Teamsters Local No. 63.
Glass Fabricators, Inc. and Glass and Metal Solutions, Inc., alter egos (08-CA-174567) Lakewood, OH, December 14, 2018. No exceptions having been filed to the October 19, 2018 decision of Administrative Law Judge Thomas M. Randazzo’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. Charge filed by International Union of Painters & Allied Trades District Council 6.
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Appellate Court Decisions
No Appellate Court Decisions involving Board Decisions to report.
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Administrative Law Judge Decisions
Nexteer Automotive Corp. (07-CA-215036; JD-80-18) Saginaw, MI. Administrative Law Judge Paul Bogas issued his decision on December 10, 2018. Charge filed by Local 699, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), AFL-CIO.
Atlanticare Management LLC d/b/a Putnam Ridge Nursing Home (02-CA-177329, et al.; JD(NY)-18-18) New York, NY. Administrative Law Judge Benjamin W. Green issued his decision on December 12, 2018. Charges filed by 1199 SEIU United Healthcare Workers East.
Parkway Florist, Inc. (06-CA-209583 and 06-CA-217020; JD-81-18) Pittsburgh, PA. Administrative Law Judge David I. Goldman issued his decision on December 12, 2018. Charges filed by individuals.
Hearst Communications, Inc. d/b/a The San Francisco Chronicle (20-CA-212720; JD(SF)-39-18) San Francisco, CA. Administrative Law Judge Gerald M. Etchingham issued his decision on December 13, 2018. Charge filed by Pacific Media Workers Guild, Local 39521, TNG-CWA.
International Union of Operating Engineers Local 39 (Kaiser Foundation Hospitals) (20-CB-212943; JD(SF)-38-18) San Leandro, CA. Administrative Law Judge Amita Baman Tracy issued her decision on December 13, 2018. Charge filed by an individual.
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