Summary of NLRB Decisions for Week of February 11 - 15, 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
East Valley Glendora Hospital, LLC d/b/a Glendora Community Hospital (31-CA-229412; 367 NLRB No. 72) Glendora, CA, February 11, 2019. Errata to January 24, 2019 decision. Errata Amended Decision.
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ImageFIRST Uniform Rental Service, LLC and Laundry Distribution (22-CA-161563 and 22-CA-181197; 366 NLRB No. 182) Clifton, NJ, February 12, 2019. Errata to August 27, 2018 decision. Errata Amended Decision.
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Strongsteel of Alabama, LLC (15-CA-189655 et. al; 367 NLRB No. 90) Andalusia, AL, February 13, 2019.
In the absence of exceptions, the Board adopted the Administrative Law Judge’s conclusions that the Respondent violated Section 8(a)(1) by interrogating, threatening with discharge, and discharging two employees for their protected activity of discussing their wages with each other and the judge’s dismissal of the allegations that the Respondent violated Section 8(a)(1) by maintaining its Employee Conduct Policy and orally promulgating a rule banning employees from discussing their wages. The Board dismissed on procedural grounds the General Counsel’s exception that the Respondent unlawfully applied the Employee Conduct Policy to discharge the two employees because that allegation was not alleged in the complaint. The Board also denied the General Counsel’s exception urging the Board to modify its standard notice language.
Charges filed by individuals. Administrative Law Judge Robert A. Ringler issued his decision on June 4, 2018. Chairman Ring and Members McFerran and Emanuel participated.
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SW General, Inc. d/b/a Southwest Ambulance (28-CA-177361; 367 NLRB No. 89) Phoenix, AZ, February 13, 2019.
On a stipulated record, the Board concluded that the Respondent had a sound arguable basis to modify the collectively-bargained employee pension plan and did not violate Section 8(a)(5) or (1). Accordingly, the Board dismissed the complaint.
Charge filed by International Association of Fire Fighters, Local I-60. Members McFerran, Kaplan, and Emanuel participated.
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Graebel/Eastern Acquisition Movers, LLC (04-CA-193120; 367 NLRB No. 85) Moorestown, NJ, February 14, 2019.
The Board granted the General Counsel’s Motion for Default Judgment based on the Respondent’s failure to file an answer to the complaint and compliance specification. The Board found that the Respondent violated Section 8(a)(5) and (1) by failing and refusing to bargain over the effects of its decision to close its Moorestown, New Jersey facility, and by failing and refusing to furnish the Union with requested information that is relevant and necessary to the Union’s performance of its duties as the exclusive collective-bargaining representative of the unit.
Charge filed by Teamsters Union Local No. 115. Members McFerran, Kaplan, and Emanuel participated.
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RadNet Management Inc. d/b/a San Fernando Valley Interventional Radiology and Imaging Center and RadNet Management Inc. d/b/a San Fernando Valley Advanced Imaging Center (31-CA-222587 and 31-CA-225390; 367 NLRB No. 88) Los Angeles, CA, February 14, 2019.
The Board granted the General Counsel’s Motion for Summary Judgment in this test-of-certification case on the ground 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.
Charges filed by National Union of Healthcare Workers. Chairman Ring and Members Kaplan and Emanuel participated.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
Club Quarters Hotel Times Square-Midtown (02-RC-232157) New York, NY, February 12, 2019. In a Decision on Review and Order Remanding the proceedings to the Regional Director for further appropriate action, the Board remanded this case to the Regional Director to conduct a hearing regarding the appropriateness of the petitioned-for unit, including, as necessary, the supervisory status of the Employer’s Front Desk Attendants and whether the petitioned-for unit is appropriate with the inclusion of the restaurant employees and the exclusion of the Front Desk Attendants. Petitioner—Brotherhood of Amalgamated Trades, Local 514. Members McFerran, Kaplan, and Emanuel participated.
North Star Seafood, LLC (12-RC-233250) Pompano Beach, FL, February 13, 2019. The Board denied the Employer’s Requests to Reschedule the Election and Ballot Count. Chairman Ring and Member Kaplan expressed no view with respect to whether they agreed or disagreed with revisions made to the Board’s Election Rule but agreed that it applied here and warranted denial of the Employer’s Requests to Reschedule the Election and Ballot Count. Petitioner—International Brotherhood of Teamsters, Local Union No. 769. Chairman Ring and Members McFerran and Emanuel participated.
Planned Building Services, a part of Planned Companies and related to Planned Lifestyle Services (22-RC-228543) East Guttenberg, NJ, February 14, 2019. (Correction issued February 15, 2019). The Board denied the Employer’s Request for Review of the Regional Director’s Decision and Direction of Election and Request for Extraordinary Relief, and Request for Review of the Regional Director’s Issuance of a Certification of Representative and Request for Extraordinary Relief in the Form of Expedited Consideration as they raised no substantial issues warranting review. The Regional Director found that the Employer did not meet its burden to prove that there was a contract bar to the petition. The Board expressed no view with respect to whether it agreed or disagreed with revisions made to the Board’s Election Rule but agreed that it applied here and warranted denial of the Employer’s Requests for Review and Extraordinary Relief. The Board found that the Employer’s alternate Request for a Stay of further Regional Director action is also moot. Petitioner—Local 32BJ, Service Employees International Union. Intervenor—Local 741, National Association of Specialty Trades Union, NASTU, formerly Local 124, R.A.I.S.E. Chairman Ring and Members Kaplan and Emanuel participated.
Audio Visual Services Group, LLC d/b/a Presentation Services (05-RC-232347) Lanham, MD, February 14, 2019. The Board denied the Employer’s Requests to Stay the Election and for Expedited Consideration in the mail ballot election scheduled to begin on February 14, 2019. The Board expressed no view with respect to whether it agreed or disagreed with revisions made to the Board’s Election Rule but agreed that it applied here and warranted denial of the Employer’s Requests to Stay and for Expedited Consideration of its Request for Review. Petitioner—International Alliance of Theatrical and Stage Employees, AFL-CIO, Local 22. Chairman Ring and Members Kaplan and Emanuel participated.
St. James Medical Group (19-RC-233533) Butte, MT, February 15, 2019. The Board denied the Employer’s Motion to Stay the Election, or, alternatively, to Impound the Ballots. Petitioner—Montana Nurses Association. Chairman Ring and Members Kaplan and Emanuel participated.
C Cases
E.I. DuPont de Nemours, Louisville Works (09-CA-040777, et al.) Louisville, KY and Edge Moor, DE, February 11, 2019. The Board denied the Charging Parties’ Motion for Reconsideration of the Board’s Decision and Order reported at 367 NLRB No. 12 (2018). The Board found that the Charging Parties’ motion had not identified any material error or demonstrated extraordinary circumstances warranting reconsideration. The Charging Parties had argued that the Board committed a material error by failing to consider whether the Respondent violated the Act by refusing the Unions’ requests to bargain, after the fact, over annual changes to the unit employees’ benefits. The Board explained that the issue of whether a separate violation should be found based on the Respondent’s failure to bargain over a lawful change was never at issue during the entire litigation of this case. Charges filed by Paper, Allied-Industrial, Chemical and Energy Workers International Union, and its Local 5-2002, in Cases 09-CA-040777 and 09 -CA-041634. Administrative Law Judge Karl H. Buschmann issued his decision on December 15, 2005. Charge filed by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (USW), and its Local 4-786 in Case 04-CA-033620. Administrative Law Judge Paul Bogas issued his decision on December 23, 2005. Chairman Ring and Members McFerran, Kaplan, and Emanuel participated.
Hearst Communications, Inc. d/b/a The San Francisco Chronicle (20-CA-212720) San Francisco, CA, February 12, 2019. Exceptions having been withdrawn to the December 13, 2018 decision of Administrative Law Judge Gerald Michael Etchingham’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. Charge filed by Pacific Media Workers Guild, Local 39521, TNG CWA.
MGM Grand Hotel, LLC d/b/a MGM Grand (28-CA-186022) Las Vegas, NV, February 14, 2019. The Board denied the Respondent’s Motion for Summary Judgment, which argued that the Board should defer to an arbitrator’s award. The Board’s denial was without prejudice to the Respondent’s right to renew its deferral arguments to the Administrative Law Judge, after presenting evidence, and to raise the deferral issue before the Board on any exceptions that may be filed to the judge’s decision, if appropriate. Charge filed by an individual. Chairman Ring and Members 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
Southern Bakeries, LLC (15-CA-174022; JD-17-19) Hope, AR. Administrative Law Judge Arthur J. Amchan issued his decision on February 11, 2019. Charge filed by Bakery, Confectionery, Tobacco Workers, and Grain Millers Union.
Dallas Airmotive, Inc. (16-CA-192780; JD-10-19) Dallas, TX, February 12, 2019. Errata to January 25, 2019 decision of Administrative Law Judge Sharon Levinson Steckler. Errata Amended Decision.
Pacific Green Trucking Inc. (21-CA-226775; JD(SF)-03-19) Wilmington, CA. Administrative Law Judge Jeffrey D. Wedekind issued his decision on February 13, 2019. Charge filed by International Brotherhood of Teamsters.
Marburn Academy, Inc. (09-CA-224092; JD-18-19) New Albany, OH. Administrative Law Judge Andrew S. Gollin issued his decision on February 14, 2019. Charge filed by an individual.
Wendt Corporation (03-CA-212225, et al.; JD-19-19) Cheektowaga, NY. Administrative Law Judge Ira Sandron issued his decision on February 15, 2019. Charges filed by Shopmen’s Local Union No. 576.
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