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Summary of NLRB Decisions for Week of January 25 - 29, 2021

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

Ampersand Publishing, LLC d/b/a Santa Barbara News-Press  (31-CA-028589, et al.; 370 NLRB No. 70)  Santa Barbara, CA, January 25, 2021.

In this compliance proceeding, the Board adopted the Administrative Law Judge’s recommended supplemental order requiring the Respondent to reimburse the Union for bargaining expenses, to pay two discriminatees backpay and interim expenses, and to pay unit employees backpay for the loss of merit pay increases and for losses from the use of non-unit employees, all as specified in the amended compliance specification.

Charges filed by Graphic Communications Conference, International Brotherhood of Teamsters.  Administrative Law Judge Dickie Montemayor issued his decision on September 4, 2020.  Members Kaplan, Emanuel, and Ring participated.

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Kava Holdings, LLC, et al. d/b/a Hotel Bel-Air  (31-CA-074675; 370 NLRB No. 73)  Los Angeles, CA, January 25, 2021.

The Board adopted the Administrative Law Judge’s conclusion that, following a two-year closure of its hotel for renovations, the Respondent violated Section 8(a)(5) and (1) by refusing to recognize and bargain with the Union and by unilaterally changing unit employees’ terms and conditions of employment.  The Board also adopted the judge’s conclusion that the Respondent violated Section 8(a)(3) and (1) by refusing to rehire unit employees who were laid off when the hotel closed for renovations and who reapplied for their positions when the hotel reopened.  The Board severed and remanded to the judge the issue of whether 13 unit employees, who were not identified by the General Counsel at the close of the hearing, are entitled to remedial relief.

Charge filed by UNITE HERE Local 11.  Administrative Law Judge Lisa D. Ross issued her decision on December 19, 2019.  Members Kaplan, Emanuel, and Ring participated.

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Noah’s Ark Processors, LLC d/b/a WR Reserve  (14-CA-217400, et al.; 370 NLRB No. 74)  Hastings, NE, January 27, 2021.

The Board unanimously adopted the Administrative Law Judge’s conclusions that the Respondent violated Section 8(a)(5) and (1) by bargaining with the Union in bad faith and declaring impasse, and by implementing its final offer without first bargaining with the Union to an overall good-faith impasse.  A Board majority (Members Kaplan and Ring) found that the Respondent violated Section 8(a)(1) by discharging 10 employees for engaging in a protected work stoppage, threatening to discharge employees for engaging in protected concerted activities, telling employees they were terminated for engaging in protected concerted activities, and threatening to call the police because the employees engaged in protected concerted activities.  Dissenting, Member Emanuel would have dismissed the allegations concerning the discharge and related remarks because, in his view, the employees’ work stoppage was unprotected activity.

In addition, the Board adopted the judge’s conclusions that the Respondent violated Section 8(a)(1) by coercively interrogating employees about a Board subpoena or a letter about the Union, making coercive statements to an employee about his potential testimony to a Board agent investigating unfair labor practice charges against it, and coercively interrogating an employee about his communications with a Board agent. 

Finally, the Board adopted the judge’s recommended bargaining-schedule remedy and affirmative bargaining order.  The Board majority also adopted the judge’s recommended notice-reading remedy and ordered the Respondent to reimburse the Union for negotiation expenses.  Member Emanuel would not order notice-reading and reimbursement of negotiation expenses remedies.

Charges filed by United Food and Commercial Workers Local Union No. 293.  Administrative Law Judge Andrew S. Gollin issued his decision on October 11, 2019.   Members Kaplan, Emanuel, and Ring participated.

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Apex Linen Service, Inc.  (28-CA-216351, et al.; 370 NLRB No. 75)  Las Vegas, NV, January 29, 2021.

The Board unanimously adopted the Administrative Law Judge’s conclusion that the Respondent violated Section 8(a)(4), (3), and (1) by discriminating against three employees by delaying in reinstating them, as ordered by the Board and a Federal District Court, and by discriminatorily disciplining two of the employees, culminating in the suspension and discharge of one and the discharge of the other.  A majority (Members Kaplan and Ring) issued a broad cease-and-desist order, finding that the Respondent’s violations in this and two other recent cases indicated both a proclivity to violate the Act and a general disregard for employees’ fundamental statutory rights sufficient to warrant a broad order.  Dissenting, Member Emanuel would not have modified the judge’s narrow cease-and-desist order in the absence of a request to do so by one of the parties.

Charges filed by the International Union of Operating Engineers, Local 501, AFL-CIO.  Administrative Law Judge John T. Giannopoulos issued his decision on May 28, 2020.  Members Kaplan, Emanuel, and Ring participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

International Brotherhood of Electrical Workers, Local Union No. 77  (19-RD-264004)  Seattle, WA, January 29, 2021.  The Board denied the Petitioner’s Request for Review of the Regional Director’s Decision and Order as it raised no substantial issues warranting review.  Petitioner— an individual.  Union—OPEIU Local 8, AFL-CIO.  Chairman McFerran and Members Kaplan and Emanuel participated.

C Cases

Planet Progress, LLC d/b/a Dandelion Community Café  (12-CA-265232 and 12-CA-265481)  Orlando, FL, January 28, 2021.  The Board denied the Respondent’s Motion to Dismiss the Consolidated Complaint, finding no merit in the Respondent’s contention that service of the consolidated complaint was ineffective.  Charges filed by Central Florida Industrial Workers of the World.  Chairman McFerran and Members Kaplan and Emanuel participated.

ADT Security Services, Inc.  (18-CA-253853, et al.)  Des Moines, IA, January 29, 2021.  No exceptions having been filed to the December 18, 2020 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.  Charges filed by International Brotherhood of Electrical Workers, Local 347.

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Appellate Court Decisions

No Appellate Court Decisions involving Board Decisions to report.

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Administrative Law Judge Decisions

The Voorhees Care and Rehabilitation Center a/k/a The Pines at the Voorhees Care and Rehabilitation Center a/k/a The Lakewood of Voorhees Operator, LLC  (04-CA-219938; JD-03-21)  Voorhees, NJ.  Administrative Law Judge Arthur J. Amchan issued his decision on January 28, 2021.  Charge filed by District 1199C, National Union of Hospital and Health Care Employees, AFSCME, AFL-CIO.

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