Summary of NLRB Decisions for Week of December 14 - 18, 2020

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

Murray American Energy, Inc.  (06-CA-215195 and 06-CA-218979; 370 NLRB No. 55)  St. Clairsville, OH, December 15, 2020.

The Board found that the Respondents violated Section 8(a)(5) and (1) by failing and refusing to provide, and delaying to provide, the Unions with information concerning the use of contractors and information related to a grievance.  The Board found that the information requested was relevant to the Unions’ duties to ensure the Respondents’ compliance with the collective-bargaining agreement and the processing of grievances.  The Board also declined the Respondents’ request to alter the standard of relevance to a “proportionality” standard when determining the relevance of information requests.

Charges filed by United Mine Workers of America, District 31, AFL-CIO, and United Mine Workers of America, District 31, Local 1702, AFL-CIO.  Chairman Ring and Members Kaplan and Emanuel participated.

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S & S Enterprises, LLC d/b/a Appalachian Heating  (09-CA-235304, et al.; 370 NLRB No. 59)  Charleston, WV, December 17, 2020.

The Board unanimously adopted the Administrative Law Judge’s conclusion that the Respondent did not violate Section 8(a)(3) and (1) by denying an employee a promotion and by reassigning him.  A Board majority (Members Kaplan and Emanuel) adopted the judge’s dismissal of the allegation that the Respondent violated Section 8(a)(1) by unlawfully interrogating employees; Member McFerran would have found it unnecessary to pass on the judge’s dismissal.  The same majority also adopted the judge’s dismissal of the allegation that the Respondent violated Section 8(a)(1) by promulgating a new rule in response to union activity threatening employees with criminal prosecution for engaging in union activity in a leaflet included with the employees’ paystubs, finding that the General Counsel failed to establish that the Respondent promulgated an unlawful rule by distributing the leaflet.  Member McFerran would have found that the complaint alleged an unlawful threat related to the leaflet, and, even absent this complaint allegation, the threat issue was closely connected to the other complaint allegations related to the leaflet and was litigated by the parties.  She would have further found that the leaflet constituted an unlawful threat in violation of Section 8(a)(1).

Charges filed by Sheet Metal, Air, Rail and Transportation Workers, Local Union No. 33.  Administrative Law Judge David I. Goldman issued his decision on January 15, 2020.  Members Kaplan, Emanuel, and McFerran participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

No Unpublished R Cases Issued.

C Cases

Arnold Walter Nursing and Rehabilitation Center  (22-CA-180557 and 22-CA-186982)  Hazlet, NJ, December 15, 2020.  The Board denied the Employer’s Petition to Revoke an investigative subpoena duces tecum, as the subpoena sought information relevant to the matter under investigation and described with sufficient particularity the evidence sought, and the Employer failed to establish any other legal basis for revoking the subpoena.  Charges filed by 1199 Service Employees International Union, United Healthcare Workers East.  Chairman Ring and Members Kaplan and Emanuel participated.

Tropical Wellness Center, LLC  (12-CA-167884 and 12-CA-171371)  Palm Bay, FL, December 16, 2020.  No exceptions having been filed to the November 4, 2020 decision of Administrative Law Judge Elizabeth M. Tafe’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 International Association of Machinists and Aerospace Workers, AFL-CIO.

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Appellate Court Decisions

No Appellate Court Decisions involving Board Decisions to report.

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Administrative Law Judge Decisions

ADT Security Services, Inc.  (18-CA-253853, et al.; JD-53-20)  Des Moines, IA.  Administrative Law Judge Charles J. Muhl issued his decision on December 18, 2020.  Charges filed by International Brotherhood of Electrical Workers Local 347.

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