Summary of NLRB Decisions for Week of December 28 - 31, 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
Concourse Rehabilitation and Nursing Center( 02-CA-222700, et al.; 370 NLRB No. 64) Bronx, NY, December 29, 2020.
The Board granted the General Counsel’s Motion for Default Judgment based on the Respondent’s noncompliance with provisions of the parties’ bilateral informal settlement agreement. The complaint alleged Section 8(a)(3) and (1) violations. The Board ordered the Respondent to comply with the unmet terms of the settlement agreement.
Charges filed by individuals. Chairman Ring and Members Kaplan and Emanuel participated.
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Wismettac Asian Foods, Inc. (21-CA-267598; 370 NLRB No. 62) Santa Fe Springs, CA, December 29, 2020.
The Board granted the General Counsel’s Motion for Summary Judgment in this test-of-certification case on the basis 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. The Board found that the Respondent violated Section 8(a)(5) and (1) by failing and refusing to recognize and bargain with the Union.
Charge filed by Food, Industrial & Beverage Warehouse, Drivers, and Clerical Employees Union Local 630, International Brotherhood of Teamsters. Chairman Ring and Members Kaplan and Emanuel participated.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
No Unpublished R Cases Issued.
C Cases
RM Bakery, LLC d/b/a Leaven & Co., a Wholly-Owned Subsidiary of BKD Group, LLC (02-CA-235116) Bronx, NY, December 29, 2020. The Board denied RM Bakery, LLC’s Petition to Revoke an investigative subpoena ad testificandum and Featherstone Distribution, LLC’s Petitions to Revoke an investigative subpoena duces tecum and an investigative subpoena ad testificandum, as the subpoenas sought information relevant to the matter under investigation and described with sufficient particularity the evidence sought, and the Petitioners failed to establish any other legal basis for revoking the subpoenas. Charge filed by Make the Road New York. Chairman Ring and Members Kaplan and Emanuel participated.
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Appellate Court Decisions
Valley Hospital Medical Center, Inc., Board Case No. 28-CA-213783 (reported at 368 NLRB No. 139) (9th Cir. decided December 30, 2020); and Valley Health System, LLC, et al., Board Case No. 28-CA-184993 (reported at 369 NLRB No. 16) (9th Cir. decided December 30, 2020).
In two unpublished memorandum decisions, the Court granted the petitions for review filed by the respective Unions and remanded these two related cases to the Board for further proceedings consistent with the Court’s decisions.
In the first case, the Union, Local Joint Executive Board of Las Vegas, challenged the Board’s dismissal of the unfair-labor-practice complaint in Valley Hospital Medical Center, 368 NLRB No. 139, that had alleged that the operator of this healthcare facility located in Las Vegas, Nevada acted unlawfully by unilaterally ceasing to check off and remit union dues pursuant to a dues-checkoff provision in the parties’ expired collective-bargaining agreement. Specifically, the Union challenged the Board’s readopted rule holding that, even in the absence of a union-security provision, dues-checkoff arrangements between an employer and a union are an exception to the general statutory prohibition against unilateral changes to terms of employment affecting mandatory subjects of bargaining. Pursuant to that Board rule, an employer is entitled to unilaterally cease checking off union dues after the expiration of the collective-bargaining agreement that established the check-off arrangement. Granting the Union’s petition, and remanding, the Court held that the Board must “provide an adequate explanation for its approach to dues checkoff by explicitly addressing the precedents cited by the Union that appear to contradict the ‘contract-creation’ rationale used in this case.”
In the second case, the Service Employees International Union, Local 1107, challenged the Board’s dismissal of the unfair-labor-practice complaint in Valley Health System, et al., 369 NLRB No. 16, that involved a similar allegation against the operator of acute-care hospitals in Las Vegas, Nevada. In that decision, the Board dismissed the allegation on the basis of its readopted rule articulated in Valley Hospital Medical Center, 368 NLRB No. 139, which the Board had given retroactive effect. The Court granted the petition and remanded, for the reasons stated in Local Joint Executive Board of Las Vegas. Given the likelihood of further proceedings before the Board, the Court added, “we do not address the propriety of the Board’s retroactive application of the challenged rule at this stage.”
The Court’s decisions are here and here.
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Administrative Law Judge Decisions
No Administrative Law Judge Decisions Issued.
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