Summary of NLRB Decisions for Week of February 1 - 5, 2021
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
Castro Valley Animal Hospital, Inc. (32-CA-251642 and 32-CA-254220; 370 NLRB No. 80) Castro Valley, CA, February 2, 2021.
The Board adopted the Administrative Law Judge’s conclusions that the Respondent violated Section 8(a)(1) by: threatening an employee with termination if she did not waive her complaints about overtime and breaks; reporting that employee to the police; and terminating that employee and another employee. Member Kaplan concurred in adopting the judge’s finding that the Respondent unlawfully discharged the other employee but did so because the record supported finding that the Respondent discharged her because it believed she engaged in concerted activity for mutual aid or protection, regardless of whether her complaints were in fact concerted. He therefore found no need to pass on whether the employee actually did engage in protected concerted activity.
Charges filed by individuals. Administrative Law Judge Amita Baman Tracy issued her decision on July 27, 2020. Chairman McFerran and Members Kaplan and Emanuel participated.
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McLaren Macomb (07-CA-254640; 370 NLRB No. 79) Mount Clemens, MI, February 2, 2021.
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 Local 40, RN Staff Council, Office and Professional Employees International Union (OPEIU), AFL-CIO. Members Kaplan, Emanuel, and Ring participated.
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Sameh H. Aknouk Dental Services, P.C. (02-CA-263564; 370 NLRB No. 78) Bronx, NY, February 2, 2021.
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)(5), (3), and (1) by: threatening employees with discharge if they continued to protest changes to their terms and conditions of employment; threatening employees with unspecified reprisals if they continued to support the Union and engage in other protected activities; promising improved working conditions if employees abandoned their support for the Union; reducing employees’ work hours because they supported and assisted the Union; bypassing the Union and dealing directly with employees by consulting them about changing their pension plan and health insurance; bargaining directly with employees to change their wages and pension benefits; and failing to make contributions to employees’ health insurance plan.
Charge filed by Local 553, International Brotherhood of Teamsters. Chairman McFerran and Members Kaplan and Emanuel participated.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
Amazon.com Services LLC (10-RC-269250) Bessemer, AL, February 5, 2021. The Board denied the Employer’s Request for Review of the Acting Regional Director’s Decision and Direction of Election as it raised no substantial issues warranting review. The Board also denied the Employer’s request for a stay of the election as moot. Chairman McFerran agreed to deny review for the reasons given in her separate opinion in Aspirus Keweenaw, 370 NLRB No. 45 (2020), and agreed that, even under the majority opinion in Aspirus, the Acting Regional Director’s decision should be affirmed. Members Kaplan and Ring found that the Acting Regional Director did not abuse her discretion in ordering a mail ballot election, pursuant to the Board’s decision in Aspirus, but did not rely on her finding that the 14-day positivity rate for the local county was increasing or on her statement that “any presence of COVID-19-positive individuals at the facility” supports conducting a mail ballot election under factor 5 set out in Aspirus. Petitioner—Retail, Wholesale and Department Store Union. Chairman McFerran and Members Kaplan and Ring participated.
CVS/pharmacy (13-UC-266228) Chicago, IL, February 5, 2021. The Board granted the Employer/Petitioner’s Request for Review of the Regional Director’s dismissal of the unit clarification petition and remanded the petition to the Regional Director, as it raised substantial issues warranting review regarding the Regional Director’s departure from Board precedent, namely Goddard Riverside Community Center, 351 NLRB 1234 (2007). Petitioner—CVS/pharmacy. Union—Teamsters Local 272. Chairman McFerran and Members Kaplan and Emanuel participated.
C Cases
No Unpublished C Cases Issued.
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Appellate Court Decisions
No Appellate Court Decisions involving Board Decisions to report.
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Administrative Law Judge Decisions
No Administrative Law Judge Decisions Issued.
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