Summary of NLRB Decisions for Week of February 4 - 8, 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
Valmet, Inc. (15-CA-206655 and 15-RC-204708; 367 NLRB No. 84) Columbus, MS, February 4, 2019.
The Board unanimously adopted the Administrative Law Judge’s conclusions that the Respondent violated Section 8(a)(1) and engaged in objectionable conduct during the organizing campaign by threatening to withhold employees’ regularly-scheduled progressive wage increases and threatening employees with a loss of severance benefits, and by its agent’s threat that the Respondent would eliminate a position if employees selected union representation. The Board also unanimously affirmed the judge’s dismissal of the allegations that the Respondent unlawfully solicited employee grievances and threatened employees that unionization would be futile. A Board majority (Chairman Ring and Member Kaplan; Member Emanuel, dissenting) affirmed the judge’s finding that the Respondent violated Section 8(a)(1) and engaged in objectionable conduct when its manager threatened an employee with unspecified reprisal if he selected the Union. Dissenting, Member Emanuel would find that the manager’s statement was too ambiguous to constitute a violation. Finally, the Board unanimously reversed the judge’s finding that the Respondent’s pre-election raffle constituted unlawful polling, instead finding that the raffle was an unlawful promise of benefit in violation of Section 8(a)(1) and thereby constituted objectionable conduct. In light of the Respondent’s objectionable conduct during the Union’s organizing campaign, the Board unanimously adopted the judge’s finding that the first election be set aside and remanded the case to the Regional Director for further appropriate action.
Charge and petition filed by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied and Industrial Service Workers International Union, AFL-CIO, CLC. Administrative Law Judge Arthur J. Amchan issued his decision on April 17, 2018. Chairman Ring and Members Kaplan and Emanuel participated.
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KRS Contractors LLC (04-CA-219764; 367 NLRB No. 86) Whitehall, PA, February 4, 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. Accordingly, the Board found that the Respondent violated Section 8(a)(1) by informing an employee-applicant that it does not hire employees affiliated with a union, interrogating him about his union affiliation and sympathies, and requiring him to provide additional information not required from other applicants because he was affiliated with and supported a union. The Board found the Respondent violated Section 8(a)(3) and (1) by failing and refusing to hire the employee-applicant because he is a member of and/or has assisted the union and to discourage employees from engaging in these activities.
Charge filed by International Union of Operating Engineers Local 542. Chairman Ring and Members Kaplan and Emanuel participated.
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GTS Ambulance Transportation, LLC (22-CA-135312; 367 NLRB No. 82) Linden, NJ, February 5, 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 GTS Ambulance Transportation, LLC and ROL Ambulance, LLC, as single employers and/or alter egos (collectively the Respondent), violated Section 8(a)(5), (3), and (1).
Charge filed by Med-Life M&M. Members McFerran, Kaplan, and Emanuel participated.
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Desert Cab, Inc. d/b/a ODS Chauffeured Transportation (28-CA-199576; 367 NLRB No. 87) Las Vegas, NV, February 8, 2019.
The Board adopted the Administrative Law Judge’s conclusions that the Respondent violated Section 8(a)(1) by discharging an employee for his Facebook posts, and, in the absence of exceptions, by unlawfully applying its unprofessional conduct rule. Chairman Ring and Member Kaplan indicated that they would be willing to reconsider, in a future appropriate case, the remedy of requiring employers to rescind or revise facially lawful rules that have been unlawfully applied.
Charge filed by an individual. Administrative Law Judge Gerald M. Etchingham issued his decision on June 22, 2018. Chairman Ring and Members McFerran and Kaplan participated.
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E.W. Howell Co., LLC (29-CA-195626; 367 NLRB No. 69) Plainview, NY, February 8, 2019. Errata to January 24, 2019 decision. Errata Amended Decision.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
Pinnacle Foods Group, LLC (14-RD-226626) St. Elmo, IL, February 4, 2019. The Board denied the Petitioner’s and the Employer’s Requests for Review of the Acting Regional Director’s Order granting the Union’s Request to Block the Petition and Order Canceling Hearing, as they raised no substantial issues warranting review. Petitioner—an individual. Union—Local 881, United Food and Commercial Workers Union. Chairman Ring and Members McFerran and Kaplan participated.
KIPP Academy Charter School (02-RD-191760) Bronx, NY, February 4, 2019. The Board (Chairman Ring and Members Kaplan and Emanuel; Member McFerran, dissenting) granted in part the Union’s Request’s for Review of the Regional Director’s Decision and Direction of Election as it raised substantial issues regarding whether the Board should discretionarily decline to assert jurisdiction over all charter schools under Section 14(c)(1), and, therefore, modify or overrule Hyde Leadership Charter School—Brooklyn, 364 NLRB No. 88 (2016), and Pennsylvania Virtual Charter School, 364 NLRB No. 87 (2016). The Board invited the parties and interested amici to file briefs addressing the issue. Member McFerran dissented, stating that the Board considered and rejected the argument that it should decline to exercise its discretionary jurisdiction over charter schools in Hyde Leadership Charter School-Brooklyn, supra, and Pennsylvania Virtual Charter School, supra. Petitioner—two individuals. Union—United Federation of Teachers, Local 2, AFT, AFL-CIO. Chairman Ring and Members McFerran, Kaplan, and Emanuel participated.
MV Transportation, Inc. (05-RC-210354) Hyattsville, MD, February 7, 2019. 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 Acting Regional Director found that the dispatch supervisors are not supervisors within the meaning of Section 2(11). Petitioner—Office & Professional Employees International Union, Local 2, AFL-CIO. Members McFerran, Kaplan, and Emanuel participated.
C Cases
Mid-Atlantic Restaurant Group LLC d/b/a Kelly’s Taproom (04-CA-162385) Philadelphia, PA, February 5, 2019. No exceptions having been filed to the December 20, 2018 decision of Administrative Law Judge Robert A. Giannasi’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 an individual.
Parkway Florist, Inc. (06-CA-209583 and 06-CA-217020) Pittsburgh, PA, February 5, 2019. No exceptions having been filed to the December 12, 2018 decision of Administrative Law Judge David I. Goldman’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. Charges filed by individuals.
Florida Power & Light Company (12-CA-211064) Juno Beach, FL, February 8, 2019. No exceptions having been filed to the December 27, 2018 decision of Administrative Law Judge Charles J. Muhl’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 International Brotherhood of Electrical Workers, AFL-CIO, Local Union 641.
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Appellate Court Decisions
No Appellate Court Decisions involving Board Decisions to report.
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Administrative Law Judge Decisions
Sysco Grand Rapids, LLC (07-CA-206108 and 07-CA-206109; JD-02-19) Grand Rapids, MI. Errata to Administrative Law Judge David I. Goldman’s decision of January 11, 2019. Errata Amended Decision.
First American Enterprises d/b/a Heritage Lakeside (18-CA-211284, et al.; JD-16-19) Rice Lake, WI. Administrative Law Judge Arthur J. Amchan issued his decision on February 7, 2019. Charges filed by United Food and Commercial Workers Union Local 1189.
County Agency Inc., and Esplanade Partners Ltd. d/b/a Esplanade Venture Partnership d/b/a The Esplanade Hotel (02-CA-188405, et al.; JD(NY)-03-19) New York, NY. Administrative Law Judge Benjamin W. Green issued his decision on February 7, 2019. Charges filed by United Food & Commercial Workers Union, Local 2013.
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