Summary of NLRB Decisions for Week of January 17 - 21, 2022

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

Omni Hotels Management Corporation  (13-CA-250528; 371 NLRB No. 53)  Chicago, IL, January 20, 2022. 

On a stipulated record, the Board (Chairman McFerran and Member Prouty; Member Ring, dissenting) concluded that the Respondent violated Section 8(a)(5) and (1) by not granting wage increases to its newly represented employees, which was inconsistent with its established past practice, without notifying the Union and giving it an opportunity to bargain over the change and its effects.  Dissenting, Member Ring disagreed that the Respondent had a past practice of granting the employees an annual wage increase.

Charge filed by UNITE HERE Local 1.  Chairman McFerran and Members Ring and Prouty participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases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No Unpublished R Cases Issued.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No Unpublished C Cases Issued.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

International Alliance of Theatrical Stage Employees, Local No. 8, Board Case No. 04-CB-216541 (reported at 369 NLRB No. 67) (3d Cir. decided January 20, 2022).

In an unpublished opinion, the Court enforced the Board’s order that issued against the Union, which operates an exclusive hiring hall at the Philadelphia Convention Center and represents employees who perform audio-visual work at the Center and other locations in the Philadelphia area.  The Board (then-Chairman Ring and Members Kaplan and Emanuel) found that the Union violated Section 8(b)(1)(A) by bringing internal union charges against a member for filing unfair labor practice charges.  The Board also found that the Union breached its duty of fair representation, and further violated Section 8(b)(1)(A), by removing the union member from its house crew, which received priority in obtaining work at the Center, thereby effectively reducing his employment opportunities, for arbitrary and discriminatory reasons.

Before the Court, the Union did not challenge the Board’s finding that it unlawfully filed internal union charges against the member for filing unfair labor practice charges, and the Court summarily upheld that violation.  On the contested issues regarding his removal from the house crew, the Court held that the Board’s decision was supported by substantial evidence, and agreed that the Union’s reasons advanced for the removal were pretextual.

The Court’s opinion is here.

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Administrative Law Judge Decisions

United Scrap Metal, Inc.  (13-CA-268797, et al.; JD-02-22)  Cicero, IL.  Administrative Law Judge Michael A. Rosas issued his decision on January 18, 2022.  Charges filed by individuals.

Rieth-Riley Construction Co., Inc.  (07-CA-234085 and 07-CB-226531; JD-03-22)  Goshen, IN and Okemos, MI.  Administrative Law Judge Charles J. Muhl issued his decision on January 21, 2022.  Charges filed by Local 324, International Union of Operating Engineers (IUOE), AFL-CIO and Michigan Infrastructure and Transportation Association, Inc.

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