Summary of NLRB Decisions for Week of December 21 - 24, 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

Triumfo, Inc.  (28-CA-222740; 370 NLRB No. 61)  Las Vegas, NV, December 21, 2020.

The Board adopted the Administrative Law Judge’s conclusions that the Respondent violated Section 8(a)(5) and (1) by subcontracting work in violation of the collective-bargaining agreement, refusing to utilize the hiring hall operated by the Union as required by the agreement, failing to remit required contributions to various pension, welfare, and benefit funds on behalf of employees, and failing to provide the Union with requested information relevant to its duties as bargaining representative. 

Charge filed by International Brotherhood of Teamsters, Local 631, a/w the International Brotherhood of Teamsters.  Administrative Law Judge Mara-Louise Anzalone issued her decision on January 17, 2020.  Chairman Ring and Members Kaplan and Emanuel participated.

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Charter Electrical Experts, LLC d/b/a Charter Electric  (12-CA-258405; 370 NLRB No. 60)  Apollo Beach, FL, December 22, 2020.

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)(3) and (1) by discharging an employee because of his union membership, and violated Section 8(a)(5) and (1) by failing to continue in effect all terms and conditions of the collective-bargaining agreements, failing to honor the terms of use of the work referral procedure, and bypassing the Union to deal directly with unit employees by soliciting employees to enter into individual employment agreements.

Charge filed by International Brotherhood of Electrical Workers, Local Union 915, AFL–CIO. Chairman Ring and Members Kaplan 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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases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No Unpublished R Cases Issued.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

No Unpublished C Cases Issued.

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Appellate Court Decisions

Nob Hill General Stores, Inc., Board Case No. 20-CA-209431 (reported at 368 NLRB No. 63) (9th Cir. decided December 24, 2020).

In an unpublished memorandum decision, the Court upheld the Board’s finding that the retail-store employer violated Section 8(a)(5) and (a)(1) by refusing to provide requested information about its hiring and transfer practices for new stores which, the Court agreed, was potentially relevant to the Union’s administration of the collective bargaining agreement.  Although the parties’ agreement was not applicable to new stores during the fifteen days after opening, the requested information was relevant to contractual provisions covering current employees, such as the section governing transfers.  The Court explained:  “That the issues here involve changes resulting from the new store does not necessarily mean that applying those provisions to current employees is equivalent to applying the CBA to the new store.”

The Court’s memorandum decision may be found here.

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Administrative Law Judge Decisions

Healthy Minds, Inc.  (15-CA-231767; JD-54-20)  Bastrop, LA.  Administrative Law Judge Michael A. Rosas issued his decision on December 21, 2020.  Charge filed by an individual.

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