Summary of NLRB Decisions for Week of January 16 - 19, 2023

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

International Longshoremen’s Association, Local 1526 (Southeast Florida Employers Port Association, Inc.)  (12-CB-272549; 373NLRB No. 13)  Fort Lauderdale, FL, January 19, 2024.

The Board adopted the Administrative Law Judge’s conclusion that the Respondent Union violated Section 8(b)(1)(A) and 8(b)(2) when it reduced an individual member’s seniority in retaliation for, and out of animus towards, his protected conduct during and after the Union’s officer elections.  A Board majority (Chairman McFerran and Member Kaplan) adopted the judge’s finding of the violation pursuant to both a duty-of-fair-representation analysis and an analysis under Wright Line.  Member Wilcox would have adopted the judge’s finding of the violation only under a duty-of-fair-representation analysis and would have found it unnecessary to pass on the judge’s Wright Line analysis.

Charge filed by an individual.  Administrative Law Judge Keltner W. Locke issued his decision on January 31, 2023.  Chairman McFerran and Members Kaplan and Wilcox participated.

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Detroit Education & Research  (07-RC-314790; 373 NLRB No. 15)  Detroit, MI, January 19, 2024.

The Board denied the Employer’s Request for Review of the Regional Director’s Order Explaining Basis of Approval of Withdrawal of Petition of her prior decision to approve the withdrawal of its petition.  The Board majority (Members Prouty and Wilcox) found that the Regional Director properly approved the Petitioner’s withdrawal request despite its failure to timely file its responsive statement of position.  Member Kaplan dissented, stating that he would grant review of the Regional Director’s order, reverse the decision permitting withdrawal, and preclude the Petitioner from relying in a hearing on arguments raised in its Responsive Statement of Position.  The Board denied the Employer’s request for extraordinary relief as moot and also lifted its prior stay of proceedings in Case 07–RC–316218.

Petitioner— Alliance of Resident Physicians, AFT Michigan, AFT AFL-CIO.   Members Kaplan, Prouty, and Wilcox participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

No Unpublished R Cases Issued.

C Cases

United States Postal Service  (10-CA-299600, et al.)  Nashville, TN, January 18, 2024.  In this case alleging Section 8(a)(5) and (1) violations, the Board approved a formal settlement stipulation between the Respondent, the Charging Party, and the General Counsel, and specified actions the Respondent must take to comply with the Act.  Charges filed by American Postal Workers Union, AFL-CIO, Local 5.  Chairman McFerran and Members Kaplan and Wilcox 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

No Administrative Law Judge Decisions Issued.

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