Summary of NLRB Decisions for Week of December 2 - 6, 2019
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
Mountain View Care and Rehabilitation Center, LLC (04-CA-235894 and 04-CA-238216; 368 NLRB No. 128) Scranton, PA, December 5, 2019.
The Board adopted the Administrative Law Judge’s conclusions that the Respondent violated Section 8(a)(3) and (1) by suspending and discharging an employee and violated Section 8(a)(5) and (1) by unilaterally changing its paid time-off policy.
Charges filed by Retail, Wholesale and Department Store Union. Administrative Law Judge Robert A. Giannasi issued his decision on August 23, 2019. Chairman Ring and Members Kaplan and Emanuel participated.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
Bloomsburg Care and Rehabilitation Center (06-RC-241173), Bloomsburg, PA, December 3, 2019. 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. The Regional Director had found that the petitioned-for Licensed Practical Nurses were not statutory supervisors based on their authority to discipline and effectively recommend discipline. The Board noted that concerns articulated by the Third Circuit regarding the Board’s test for whether putative supervisors may effectively recommend discipline warrant careful consideration, and that it would be open to reconsidering extant Board law on this issue in a future appropriate case. Petitioner—Retail Wholesale and Department Store Union (RWDSU). Chairman Ring and Members Kaplan and Emanuel participated.
MHN Government Services, LLC (MHNGS) (19-RC-242915) Tacoma, WA, December 3, 2019. The Board granted the Employer’s Request for Review of the Acting Regional Director’s Decision on Objections and Certification of Representative as it raised substantial and material issues that can best be resolved after a hearing. In the interest of ensuring the integrity of the Board’s election processes, the Board remanded the case to the Regional Director for consideration of the Employer’s Objection. Petitioner—International Association of Machinists & Aerospace Workers, Local Lodge 47 a/w International Association of Machinists and Aerospace Workers, AFL-CIO. Chairman Ring and Members Kaplan and Emanuel participated.
C Cases
United States Postal Service (10-CA-214017, et al.) Kannapolis, NC, December 3, 2019. The Board approved a formal settlement stipulation between the Respondent, the Charging Parties, and the General Counsel, and specified actions the Respondent must take to comply with the Act. Member Emanuel noted that he would not approve the parts of the Order that require the Respondent to take action with respect to “other union[s]” because no violations against other unions were alleged as part of this case. Charges filed by American Postal Workers Union, AFL-CIO, Local 984 and American Postal Workers Union, AFL-CIO, Local 375. Members McFerran, Kaplan, and Emanuel participated.
California Cartage Company, LLC; Orient Tally Company, Inc.; and Core Employee Management, Inc. (21-CA-190500, 21-CA-207939, and 21-RC-188813) Carson, CA, December 3, 2019. No exceptions having been filed to the September 9, 2019 decision of Administrative Law Judge Dickie Montemayor’s finding that the Respondents had engaged in certain unfair labor practices, the Board adopted the judge’s findings and conclusions, and ordered the Respondents to take the action set forth in the judge’s recommended Order. The Board ordered that the representation case be remanded to the Regional Director for further appropriate action consistent with the judge’s decision. Charges and Petition filed by International Brotherhood of Teamsters.
Hyundai Power Transformers USA, Inc. (15-CA-230678, 15-CA-240476, and 15-CA-231673) Montgomery, AL, December 5, 2019. The Board denied the Respondent’s Motion for Partial Summary Judgment, finding that the Respondent had 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. Charges filed by individuals. Chairman Ring and Members Kaplan and Emanuel participated.
United States Postal Service (10-CA-216615, et al.) Aiken, Greenville, Hilton Head, Hilton Head Island, Irmo, Lexington, North Charleston, Spartanburg, St. Matthews, Summerville, and West Columbia, SC, December 5, 2019. The Board approved a formal settlement stipulation between the Respondent, the Charging Parties, and the General Counsel, and specified actions the Respondent must take to comply with the Act. The complaint had alleged Section 8(a)(5) and (1) refusal-to-provide/delay-in-providing relevant information violations. Charges filed by National Postal Mail Handlers Union, AFL-CIO, Local 334; National Association of Letter Carriers, AFL-CIO, Branch 628; National Association of Letter Carriers, AFL-CIO, Branch 1569; National Association of Letter Carriers, AFL-CIO, Branch 3902; American Postal Workers Union, AFL-CIO, Local 566, American Postal Workers Union, AFL-CIO, Local 807, and American Postal Workers Union, AFL-CIO, Local 7076. Members McFerran, Kaplan, and Emanuel participated.
United States Postal Service (28-CA-232885, et al.) Rio Rancho and Albuquerque, NM, December 5, 2019. The Board approved a formal settlement stipulation between the Respondent, the Charging Party, and the General Counsel, and specified actions the Respondent must take to comply with the Act. The complaint had alleged Section 8(a)(5) and (1) delay-in providing relevant information violations and unilateral change violations, Section 8(a)(3) and (1) discrimination violations, and Section 8(a)(4) and (1) discrimination violations. Charges filed by American Postal Workers Union, Local 380, AFL-CIO. Members McFerran, Kaplan, and Emanuel participated.
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Appellate Court Decisions
No Appellate Court Decisions involving Board Decisions to report.
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Administrative Law Judge Decisions
M&T Engineering and Construction, LLC (14-CA-240972, et al.; JD-90-19ER) Overland Park, KS, December 4, 2019. Errata to September 17, 2019 decision of Administrative Law Judge Michael A. Rosas. Errata Amended Decision.
American Medical Response West (20-CA-229397, 20-CA-229699, and 20-CA-230007; JD(SF)-41-19) San Francisco, CA, December 6, 2019. Administrative Law Judge Ariel L. Sotolongo issued his decision on December 6, 2019. Charges filed by United Emergency Medical Service Workers, American Federation of State, County, and Municipal Employees, Local 4911.
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