Summary of NLRB Decisions for Week of January 3 - 6, 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

No Published Board Decisions Issued.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

No Unpublished R Cases Issued.

C Cases

Amazon.Com Services, LLC  (29-CA-277198 , et al.)  Staten Island, NY, January 4, 2023.  The Board granted the Respondent’s Request for Special Permission to Appeal the Administrative Law Judge’s order adopting the Special Master’s report and recommendations regarding documents on the Respondent’s privilege log responsive to the General Counsel’s subpoena duces tecum.  The Board denied the appeal on the merits and found that the Respondent failed to establish that the judge abused her discretion in adopting the report.  The denial is without prejudice to the Respondent’s right to renew its objections before the Board on any exceptions filed to the judge’s final decision, if appropriate.  Charges filed by individuals and Amazon Labor Union.  Chairman McFerran and Members Kaplan and Wilcox participated.

New York Party Shuttle, LLC, d/b/a OnBoard Tours, OnBoard Las Vegas Tours, LLC, d/b/a OnBoard Tours, NYC Guided Tours, LLC and Party Shuttle Tours, LLC, and New York Party Shuttle, LLC, d/b/a OnBoard Tours, NYC Guided Tours, LLC  (02-CA-073340)  New York, NY, January 4, 2023.  The Board denied the Petitions to Revoke the investigative subpoenas duces tecum filed by Party Shuttle Tours, LLC, City Info Experts, LLC, and Universal Smart Contracts, LLC, as the subpoenas sought information relevant to the matter under investigation and described with sufficient particularity the evidence sought.  The Board also found that the petitioners failed to establish any other legal basis for revoking the subpoena.  Charge filed by an individual.  Chairman McFerran and Members Kaplan and Wilcox participated.

Starbucks Corporation  (19-CA-293492)  Seattle, WA, December 5, 2023.  The Board denied the Charging Party’s Request for Special Permission to Appeal the Administrative Law Judge’s ruling sustaining the Respondent’s objection to testimony that the General Counsel asserted would have established disparate treatment in support of its Section 8(a)(3) allegations.  The Board found that the Charging Party failed to establish that the judge’s order could not be appropriately addressed at a later stage of the proceeding and denied the request without prejudice to the Charging Party’s right to renew its objections before the Board on exceptions, if appropriate.  Charge filed by Workers United.  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

Motor Appliance Corporation  (14-CA-290407, et al.; JD-77-22)  Washington, MO.  Administrative Law Judge Robert A. Ringler issued his decision on January 3, 2023.  Charges filed by District Lodge 9, International Association of Machinists and Aerospace Workers, AFL-CIO.

Local 242 of the Laborers International Union of North America (LIUNA!), a/w the Washington and Northern Idaho District Council of Laborers and the Laborers Northwest Regional Organizing Coalition  (19-CA-275836; JD(SF)-01-23)  King County, WA.  Administrative Law Judge Brian D. Gee issued his decision on January 6, 2023.  Charge filed by an individual.

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