Summary of NLRB Decisions for Week of February 18 - 20, 2015
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 Public Affairs at Publicinfo@nlrb.gov or 202‑273‑1991.
Summarized Board Decisions
Coastal International Security (05-CA-094692; 362 NLRB No. 1) Washington, DC, February 19, 2015.
The Board granted the General Counsel’s Motion for Default Judgment pursuant to the noncompliance provisions of an informal settlement agreement. The Board found that the Respondent failed to comply with the terms of the settlement agreement by failing, on the Union’s request, to terminate employees who did not comply with the union-security provision in the parties’ collective-bargaining agreement. Accordingly, the Board deemed all of the allegations in the reissued complaint to be true and ordered appropriate remedies.
In its response to the Notice to Show Cause, the Respondent argued that it had not breached the settlement agreement because that agreement did not require it to terminate employees upon the Union’s request. Rather, the Respondent argued that the settlement merely required it to abide by the terms of the union-security provision, which the Respondent claimed permitted it to enforce the provision by applying its progressive disciplinary procedure to employees who were in default. The Board rejected this argument, finding that the Respondent’s progressive discipline procedure was wholly distinct from the union-security provision, and that the union-security provision required discharge as the consequence of non-compliance. The Board also rejected the Respondent’s argument that it should not be required to “immediately” terminate employees for non-compliance because such action would result in the Respondent defaulting on its contractual obligation to provide security at the location at issue. The Board noted that the union-security provision did not require “immediate” termination of defaulting employees, but instead provided an initial 31-day grace period in which to join the Union, followed by a requirement that the Union give at least 2 weeks’ notice before a discharge can be effectuated.
The Board ordered the Respondent to cease and desist from failing to bargain in good faith by refusing to comply with the union-security provision in the collective-bargaining agreement, and to comply with that provision, upon the Union’s valid request.
Charge filed by International Union, Security, Police and Fire Professionals of America (SPFPA), and its Amalgamated Local 287. Chairman Pearce and Members Johnson and McFerran participated.
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Pennsylvania American Water Company (06-CA-037197, et al.; 362 NLRB No. 18) Various Locations, PA, February 20, 2015.
In light of the Supreme Court’s decision in NLRB v. Noel Canning, 134 S.Ct. 2550 (2014), the Board considered de novo the administrative law judge’s decision and the record. The Board affirmed the judge’s rulings, findings, and conclusions, and adopted the judge’s recommended Order to the extent and for the reasons stated in the Board’s vacated Decision and Order reported at 359 NLRB No. 142, which was incorporated by reference. In that Decision, the Board found that the Respondent violated Section 8(a)(1) by threatening employees in two bargaining units with discipline for their refusal to cross union picket lines at the Respondent’s facilities. The picket lines were manned by employees from other bargaining units employed by the Respondent and separately represented by the same Union. The Board agreed that the provisions of the collective-bargaining agreements applicable to the two bargaining units, as well as the extrinsic evidence of practice under the agreements, established the parties’ intention to permit such sympathy strikes. The Board also found that the Respondent violated Section 8(a)(1) by removing a letter from the Union to the Respondent that the Union posted on bulletin boards in the Respondent’s facilities. By contractual agreement and past practice, the Union had the right to post materials on these bulletin boards. The Board agreed that the Union’s letter merely disputed the Respondent’s interpretation of its collective-bargaining agreements with the Union, and it therefore did not lose the protection of the Act.
Charges filed by Utility Workers Union of America, System Local No. 537, AFL-CIO. Administrative Law Judge David I. Goldman issued his decision on May 17, 2012. Chairman Pearce and Members Hirozawa and McFerran participated.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
Top Grade Excavating, Inc. (25-RD-124878) Farley, IA, February 18, 2015. Order denying the Employer’s request for review of the Regional Director’s administrative dismissal of the Petitioner’s decertification petition. The Regional Director dismissed the petition after finding that there were no employees eligible to vote in the petitioned-for unit because no employees met the voter eligibility requirements under Daniel Construction Co., 133 NLRB 264 (1961). Petitioner—an individual. Union—International Union of Operating Engineers, Local Union No. 150. Members Miscimarra, Hirozawa, and Johnson participated.
Comprehensive Care of Oakland LP d/b/a Bay Area Healthcare Center (32-RD-134177) Oakland, CA, February 18, 2015. Order denying the Union ’s request for review of the Regional Director’s Decision and Direction of Election on the ground that it raised no substantial issues warranting review. Petitioner—an individual. Union—Service Employees International Union-United Healthcare Workers-West (SEIU-UHW). Members Hirozawa, Johnson, and McFerran participated.
Jack Cooper Transport Company, Inc. (07-RC-142973) Dimondale, Michigan, February 19, 2015. Order denying the Employer’s request for review as not raising substantial issues regarding whether the Regional Director erred in finding that the Dispatch/Terminal Supervisors and the Yard/Load Supervisors should not be excluded from the election unit as supervisory employees under Section 2(11) of the National Labor Relations Act. Member Johnson would grant review regarding whether the Yard/Load Supervisors possess supervisory authority, based on evidence that they responsibly direct the drivers and are held accountable for their performance in the Employer’s storage yards. Petitioner—Local 580, International Brotherhood of Teamsters. Members Hirozawa, Johnson, and McFerran participated.
Appalachian Regional Healthcare, Inc. (09-UC-119730) Beckley, WV, February 20, 2015. The Board denied the Employer’s Request for Review of the Regional Director’s Decision and Order Dismissing the Petition, agreeing that the petitioned-for employees are already in the existing unit. Members Hirozawa, Johnson, and McFerran participated.
C Cases
Donato Marangi, Inc., Cottage Carting, Inc., and Advanced Waste Systems, Inc. (02-CA-098752) Valley Cottage and Middletown, NY, February 18, 2015. Board Decision and Order approving a formal settlement stipulation between the Respondent Employers, the Charging Party Union, and the General Counsel, and specifying the actions the Respondents must take to comply with the National Labor Relations Act. Charge filed by Recycling & General Industrial Laborers, Local 108, AFL-CIO. Members Miscimarra, Hirozawa, and Johnson participated.
Ampersand Publishing, LLC d/b/a Santa Barbara News-Press (31-CA-132040 and 31-CA-135595) Santa Barbara, CA, February 18, 2015. The Board denied the Employer’s petition to revoke the Region’s subpoena duces tecum seeking information concerning the Employer’s policies and practices on providing employees company cell phones and health, dental, vision, life, disability, and other insurance benefits. The Board found that the Employer’s petition was untimely filed and that even assuming that it was timely, the petition was lacking in merit, because the subpoena seeks information relevant to the matters under investigation. Member Miscimarra, concurring in the denial of the petition to revoke, relied on the petition’s untimeliness and did not reach its merits. Charge filed by Graphic Communications Conference, International Brotherhood of Teamsters. Chairman Pearce and Members Miscimarra and Hirozawa participated.
Longy School of Music of Bard College (01-CA-127267 and 01-CA-130489) Cambridge, MA, February 18, 2015. No exceptions having been filed to the January 7, 2015 decision of Administrative Law Judge Joel P. Biblowitz 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. Charges filed by Longy Faculty Union, American Federation of Teachers Massachusetts, Local 6484.
DTE Energy Company (07-CA-129514) Detroit, MI, February 18, 2015. No exceptions having been filed to the January 7, 2015 decision of Administrative Law Judge Charles J. Muhl 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 an individual.
Lincoln Lutheran of Racine (30-CA-111099) Racine, WI, February 18, 2015. The Board accepted the National Right to Work Legal Defense Foundation, Inc.’s Amicus Curiae brief for consideration.
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Appellate Court Decisions
No Appellate Court Decisions involving Board Decisions to report.
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Administrative Law Judge Decisions
Metal Services, LLC d/b/a Phoenix Services, LLC (15-CA-116456, et al.; JD-06-15) Blytheville, AR. Administrative Law Judge Mark Carissimi issued his decision on February 18, 2015. Charges filed by three individuals and United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO.
Milveen Environmental Services (22-CA-096873 and 22-CA-105863; JD(NY)-08-15) Bronx, NY and Hackensack, NJ. Administrative Law Judge Steven Fish issued his decision on February 19, 2015. Charges filed by Local 32BJ, Service Employees International Union.
United Food & Commercial Workers Union, Local 135, United Food & Commercial Workers International Union, AFL-CIO, CLC (Ralphs Grocery Company) (21-CB-112391; JD(SF)-03-15) San Diego, CA. Administrative Law Judge Amita Baman Tracy issued her decision on February 19, 2015. Charge filed by an individual.
Industrial Contractors Skanska, Inc. (25-CA-130127 and 25-CB-130081; JD-09-15) Evansville, IN. Administrative Law Judge Arthur J. Amchan issued his decision on February 20, 2015. Charges filed by an individual.
Kingman Hospital, Inc. d/b/a Kingman Regional Medical Center (28-CA-119580 and 28-CA-119729; JD-08-15) Kingman, AZ. Administrative Law Judge Melissa M. Olivero issued her decision on February 20, 2015. Charges filed by individuals.
Columbia Memorial Hospital (03-CA-132367; JD(NY)-10-15) Hudson, NY. Administrative Law Judge Steven Davis issued his decision on February 20, 2015. Charge filed by 1199 SEIU United Healthcare Workers East.
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