Summary of NLRB Decisions for Week of February 5 - 9, 2024
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
Heartwood Extended Health Care (19-RC-303544; 373 NLRB No. 16) Tacoma, WA, February 5, 2024.
The Board denied the Employer’s Request for Review of the Regional Director’s Decision on Challenges and Objections as it raised no substantial issues warranting review. In denying review, the Board agreed with the Regional Director that the Employer’s contract nurses were not temporary employees and were therefore included in the unit via the Stipulated Election Agreement. The Board also agreed with the Regional Director that the Employer’s raffle constituted objectionable conduct. Member Kaplan, dissenting in part, would have found that the Employer’s raffle was not objectionable.
Petitioner—Service Employees International Union, Local 775. Chairman McFerran and Members Kaplan and Prouty participated.
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City Construction Group, Inc. (12-CA-313812; 373 NLRB No. 17) Miami, FL, February 7, 2024.
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)(1) by denying the Union access to the job site of the Respondent’s subcontractor in contravention of the subcontractor’s collective-bargaining agreement with the Union.
Charge filed by Florida Carpenters Regional Council and Carpenters and Pile Drivers Local Union 1809, United Brotherhood of Carpenters and Joiners of America. Chairman McFerran and Members Kaplan and Wilcox participated.
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Omni Excavators, Inc. (05-CA-291774 and 05-CA-292168; 373 NLRB No. 18) Washington, DC, February 9, 2024.
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 recognize and bargain with the Union.
Charges filed by Construction and Master Laborers’ Local Union 11 a/w Laborers’ International Union of North America, AFL-CIO. Members Kaplan, Prouty, and Wilcox participated.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
MNG New York Holdings, LLC d/b/a CBD Kratom (02-RC-299802) New York, NY, February 7, 2024. The Board denied the Employer’s Request for Review of the Regional Director’s Order Approving Withdrawal of Challenge to Ballot, Overruling Challenged Ballot and Directing Ballots Be Opened and Counted by Videoconference as it raised no substantial issues warranting review. Petitioner—Local 2013 United Food and Commercial Workers Union. Members Kaplan, Prouty, and Wilcox participated.
MultiCare Health System, d/b/a MultiCare Good Samaritan Hospital (19-RC-324073) Puyallup, WA, February 9, 2024. The Board denied the Employer’s and Intervenor-Union’s Requests for Review of the Regional Director’s Decision and Direction of Election as they raised no substantial issues warranting review. Petitioner—IAM Healthcare-International Association of Machinists and Aerospace Workers, District 751. Intervenor—Washington State Nurses Association. Members Kaplan, Prouty, and Wilcox participated.
C Cases
JAG Contractors, Inc. (05-CA-295740) Alexandria, VA, February 8, 2024. No exceptions having been filed to the January 2, 2024 decision of Administrative Law Judge Arthur J. Amchan’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 Eastern Atlantic States Regional Council of Carpenters, Local 197 a/w United Brotherhood of Carpenters and Joiners of America.
Starbucks Corporation (19-CA-297589, et al.) Seattle, WA, February 8, 2024. The Board granted the Respondent’s Request for Special Permission to Appeal the Administrative Law Judge’s order but denied the appeal on the merits. The Board found that the Respondent failed to establish that the judge abused her discretion by requiring that it (1) bring to the hearing unredacted copies of any documents for which a privilege is claimed for in-camera review, if needed; (2) have a custodian(s) of records available to testify as to the nature of the Respondent’s search for documents and to authenticate them, unless the parties can reach a stipulation on authenticity; (3) organize the production as requested in the subpoena’s definitions and instructions; (4) notify the General Counsel if it intends to use Technology Assisted Review (TAR) and, if so, for what classification of documents; and (5) produce responsive documents in native form or in both TIFF+ and PDF format. Charges filed by Workers United Labor Union International, a/w Service Employees International Union. Chairman McFerran and Members Kaplan and Prouty 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
UPMC Western Psychiatric Hospital (06-CA-316473; JD-07-24) Pittsburgh, PA. Administrative Law Judge Michael J. Rosas issued his decision on February 5, 2024. Charge filed by SEIU Health Care Pennsylvania and JNESO – District Council 1, IUOE.
Ellis Mechanical, Inc. (25-CA-300343 and 25-CA-309984; JD-06-24) Indianapolis, IN. Administrative Law Judge Paul Bogas issued his decision on February 5, 2024. Charges filed by Indiana State Pipe Trades Association and an individual.
Starbucks Corporation (03-CA-295810, et al.; JD(SF)-03-24) Buffalo, NY. Administrative Law Judge Robert A. Ringler issued his decision on February 6, 2024. Charges filed by Workers United.
Starbucks Corporation (27-CA-294617, et al.; JD(SF)-04-24) Colorado Springs and Denver, CO. Administrative Law Judge Mara-Louise Anzalone issued her decision on February 6, 2024. Charges filed by Chicago & Midwest Regional Joint Board, Workers United/SEIU and individuals.
Starbucks Corporation (14-CA-300506 and 14-CA-307959; JD-08-24) Overland Park, KS. Administrative Law Judge Christine E. Dibble issued her decision on February 8, 2024. Charges filed by Chicago and Midwest Regional Joint Board of Workers United/SEIU.
United Food and Commercial Workers Local 7 (27-CA-298239, et al.; JD(SF)-05-24) Wheat Ridge, CO. Administrative Law Judge Eleanor Laws issued her decision on February 8, 2024. Charges filed by Federation of Agents and International Representatives and individuals.
General Motors Components Holdings, LLC (07-CA-293340; JD-09-24) Wyoming, MI. Administrative Law Judge Renée D. McKinney issued her decision on February 8, 2024. Charge filed by an individual and Local 167, International Union, United Automobile, Aerospace, and Agricultural Implement Workers of America (UAW).
Starbucks Corporation (13-CA-297565 and 13-CA-307231; JD-10-24) Wilmette, IL. Administrative Law Judge Sarah Karpinen issued her decision on February 9, 2024. Charges filed by individuals.
Starbucks Corporation (03-CA-310676; JD(NY)-04-24) Buffalo, NY. Administrative Law Judge Michael P. Silverstein issued his decision on February 9, 2024. Charge filed by Workers United.
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