Summary of NLRB Decisions for Week of February 19 - 22, 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 19, 2019. Second errata to January 24, 2019 decision. Errata Amended Decision.
***
Foodland Super Market, Ltd. (20-CA-209925; 367 NLRB No. 92) Honolulu, HI, February 21, 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. The Board found that the Respondent violated Section 8(a)(5) and (1) by failing and refusing to furnish the Union with relevant and necessary information that the Union requested in connection with processing two grievances pertaining to the suspension and discharge of a unit employee.
Charge filed by International Longshore & Warehouse Union, Local 142. Members McFerran, Kaplan, and Emanuel participated.
***
Comprehensive Healthcare Management Services, LLC d/b/a Brighton Rehabilitation and Wellness Center (06-CA-208544 and 06-CA-210861; 367 NLRB No. 95) Beaver, PA, February 21, 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. The Board found that the Respondent violated Section 8(a)(5) and (1) by failing and refusing to bargain in good faith with the Union, by unreasonably delaying in furnishing requested information that is relevant and necessary to the Union’s performance of its duties as the exclusive collective-bargaining representative of the unit, and by refusing to schedule dates to bargain with the Union as the representative of employees in the unit as a result of a unit clarification proceeding.
Charges filed by SEIU Healthcare Pennsylvania. Members McFerran, Kaplan, and Emanuel participated.
***
Remington Lodging & Hospitality, LLC d/b/a Hyatt Regency-Wind Watch, a single employer with HHC TRS FP Portfolio, LLC, a subsidiary of Ashford Hospitality Trust, Inc. (29-CA-093850 and 29-CA-095876; 367 NLRB No. 91) Hauppauge, NY, February 21, 2019.
The Board granted the General Counsel’s Motion for Partial Summary Judgment in this compliance proceeding. The General Counsel had issued a compliance specification including a method for calculating discriminatees’ gross backpay. The Board agreed with the General Counsel that the Respondent’s general denials in response to these backpay calculations were insufficient and warranted summary judgment.
Charges filed by Local 947, United Service Workers Union, International Union of Journeymen and Allied Trades. Chairman Ring and Members McFerran and Kaplan participated.
***
Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
Swift Beef Company (27-RC-226559) Greeley, CO, February 20, 2019. The Board denied the Employer’s Request for Review of the Regional Director’s Corrected Decision and Direction of Election as it raised no substantial issues warranting review. Petitioner—International Union of Operating Engineers Local 1, AFL-CIO. Chairman Ring and Members Kaplan and Emanuel participated.
NP Red Rock, LLC (28-RC-230613) Las Vegas, NV, February 22, 2019. The Board denied the Employer’s Request for Review of the Regional Director’s Decision and Direction of Election and Certification of Representative as it raised no substantial issues warranting review. Petitioner—International Union of Operating Engineers Local 501, AFL-CIO. Chairman Ring and Members Kaplan and Emanuel participated.
C Cases
No Unpublished C Cases issued.
***
Appellate Court Decisions
Jon J. Westrum d/b/a J. Westrum Electric and JWE LLC, alter egos, Board Case No. 18-CA-182656 (reported at 365 NLRB No. 151) (8th Cir. decided February 22, 2019)
The Court, in an unpublished per curiam opinion, enforced the Board’s order in full. The Board (Members McFerran, Kaplan, and Emanuel) found that the Employers, acting as alter egos and a single employer, violated Section 8(a)(5) and (1) by failing and refusing to recognize IBEW Local 292 as their employees’ exclusive representative, to apply the terms of the collective-bargaining agreements, or to furnish the Union with requested relevant information. The Court enforced the Board’s order, rejecting as based on discredited evidence the Employers’ only preserved argument, that the charge was untimely under Section 10(b).
The Court’s opinion may be found here.
***
Administrative Law Judge Decisions
Local 600, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), AFL-CIO (07-CB-221096; JD-20-19) Detroit, MI. Administrative Law Judge Michael A. Rosas issued his decision on February 21, 2019. Charge filed by an individual.
International Longshore and Warehouse Union, Local 10 (Pacific Maritime Association) (20-CB-216170; JD(SF)-05-19) San Francisco, CA. Administrative Law Judge Gerald M. Etchingham issued his decision on February 22, 2019. Charge filed by an individual.
***
To have the NLRB’s Weekly Summary of Cases delivered to your inbox each week, please subscribe here.