Summary of NLRB Decisions for Week of February 18 - 21, 2025
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
No Published Decisions Issued.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases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No Unpublished R Cases Issued.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No Unpublished C Cases Issued.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
Jones Lang LaSalle Americas, Inc., Board Case No. 20-CA-328308 (reported at 373 NLRB No. 37) (D.C. Cir. Feb. 18, 2025).
In a published opinion, the D.C. Circuit enforced the Board’s bargaining order that issued against this provider of building maintenance services at an Amazon Inc. facility in Napa, California, where all four of its maintenance technicians voted for representation by International Union of Operating Engineers, Stationary Engineers, Local 39, AFL-CIO. In doing so, the Court held that the Board acted within its broad discretion in overruling the Employer’s election objection and certifying the Union.
In the underlying representation case, an election was held in two voting sessions, after which the Employer filed an objection claiming that the Board agents engaged in two acts of misconduct that affected the election. Specifically, the Employer alleged that the agents left the polling area during the sessions without sealing the ballot box and leaving unmarked ballots unattended, and improperly engaged with eligible voters to come to the polling place, which suggested that they were compelled to cast a vote. The Regional Director issued a decision without holding a hearing overruling the objection and certifying the Union. The Employer filed a request for review, which was denied by the Board (Chairman McFerran, then-Member Kaplan, and Member Prouty). Subsequently, the Employer refused to bargain in order to seek court review.
On review, the Court stated that “the Supreme Court long ago recognized that, under the National Labor Relations Act, ‘Congress has entrusted the Board with a wide degree of discretion in establishing the procedure and safeguards necessary to insure the fair and free choice of bargaining representatives by employees,” quoting NLRB v. A.J. Tower Co., 329 U.S. 324 (1946), and that the Court “has never wavered in this view of the Board’s delegated authority under the NLRA.” Further, the Court recognized that, under Board precedent, objections grounded in the conduct of the Board Agent require that the objector demonstrate that such conduct “’raised . . . reasonable doubts as to the fairness and validity of the election,’” citing Durham School Services, LP v. NLRB, 821 F.3d 52 (D.C. Cir. 2016), and found that standard not met on the record in this case. Rather, the Court held that “the Board Agent’s briefly leaving the ballot box in the room with the designated observers is not conduct that raises ‘reasonable doubts’ about the election’s validity,” and that “the act of stepping out to check in on remaining voters did not rise to the kind of election irregularity that warrants invalidating an election.”
The Court’s opinion is here.
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Administrative Law Judge Decisions
Valladares Landscaping Artists, LLC (15-CA-306672 and 15-CA-306769; JD-08-25) Houma, LA. Administrative Law Judge Robert A. Giannasi issued his decision on February 18, 2025. Charges filed by individuals.
Ashland Hospital Corporation, d/b/a King’s Daughters Medical Center, a wholly owned Corporation of Royal Blue Health, LLC (09-CA-308275 and 09-CA-308344; JD-13-25) Ashland, KY. Administrative Law Judge Arthur J. Amchan issued his decision on February 18, 2025. Charges filed by Service Employees International Union (SEIU) District 1199.
Pepperjacks of Annapolis Junction LLC, d/b/a Notch 8 Brewery (05-CA-328932; JD-14-25) Annapolis Junction, MD. Administrative Law Judge Michael A. Rosas issued his decision on February 19, 2025. Charge filed by an individual. Errata issued to February 19, 2025 decision. Errata Amended Decision.
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