Summary of NLRB Decisions for Week of January 2 - 5, 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

Cognizant Technology Solutions U.S. Corporation and Google, LLC, Joint Employers  (16-CA-326027; 373 NLRB No. 9)  Austin, TX, January 3, 2024.

The Board granted the General Counsel’s Motion for Summary Judgment in this test-of-certification case on the grounds that the Respondent failed to raise any issues that were not, or could not have been, litigated in the underlying representation proceeding in which the Union was certified as the bargaining representative.  The Board found that the Respondent violated Section 8(a)(5) and (1) by failing and refusing to recognize and bargain with the Union.  The Board severed for further consideration the issue of whether the Board should adopt a compensatory, make whole remedy for the Respondent’s refusal to bargain.

Charge filed by Alphabet Workers Union – Communications Workers of America, Local 9009.  Chairman McFerran and Members Prouty and Wilcox participated.

***

Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Nexstar Media Inc., Authorized to Operate Television Station WROC-TV  (03-RC-309322)  Rochester, NY, January 2, 2024.  The Board denied the Employer’s Request for Review of the Regional Director’s Supplemental Decision on Challenged Ballots and Objections and of the Regional Director’s Decision and Certification of Representative as it raised no substantial issues warranting review.  The Board affirmed the Regional Director’s finding that the Employer’s objections were untimely, and that the Employer failed to establish that News Producers, Digital Content Producers, and Creative Services Producers are statutory supervisors under Section 2(11).  Petitioner—National Association of Broadcast Employees and Technicians – Communications Workers of America, AFL-CIO.  Chairman McFerran and Members Prouty and Wilcox participated.

Starbucks Corporation  (18-RD-321704)  Bloomington, MN, January 5, 2024.  The Board (Members Prouty and Wilcox; Member Kaplan, dissenting) denied the Employer’s and Petitioner’s Requests for Review of the Regional Director’s Decision and Order Dismissing Petition as they raised no substantial issues warranting review.  Member Kaplan, dissenting, would have granted review, reversed the Regional Director's decision to dismiss the decertification petition, and ordered an election.  Petitioner—an individual. Union—Chicago and Midwest Regional Joint Board, Workers United/SEIU.  Members Kaplan, Prouty, and Wilcox participated.

C Cases

Whole Foods Market, Inc.  (01-CA-288032)  Cambridge, MA, January 3, 2024.  The Board denied the Respondent’s Motion to Dismiss the Complaint finding that the Respondent failed to demonstrate that the complaint fails to state a claim upon which relief can be granted and that it is entitled to judgment as a matter of law.  The Board also found that the complaint provides sufficient information to satisfy due process and the notice-pleading requirements of Section 102.15 of the Board’s Rules and Regulations.  Charge filed by an individual.  Chairman McFerran and Members Prouty and Wilcox participated.

Sephora USA, Inc.  (19-CA-302507)  Seattle, WA, January 3, 2024.  No exceptions having been filed to the November 13, 2023 decision of Administrative Law Judge Sharon Levinson Steckler’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.

***

Appellate Court Decisions

No Appellate Court Decisions involving Board Decisions to report.

***

Administrative Law Judge Decisions

Siren Retail Corporation, d/b/a Starbucks Reserve Roastery  (02-CA-305984; JD(NY)-21-23)  New York, NY, January 2, 2024.  Errata to Administrative Law Judge Michael P. Silverstein’s December 6, 2023 decision.  Errata   Amended Decision.

JAG Contractors, Inc.  (05-CA-295740; JD-01-24)  Alexandria, VA.  Administrative Law Judge Arthur J. Amchan issued his decision on January 2, 2024.  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-295708, et al.; JD-02-24)  Portland, OR.  Administrative Law Judge Andrew S. Gollin issued his decision on January 4, 2024.  Charges filed by Workers United Labor Union International, a/w Service Employees International Union.

***

To have the NLRB’s Weekly Summary of Cases delivered to your inbox each week, please subscribe here.