Summary of NLRB Decisions for Week of January 4 - 8, 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
Medic Ambulance Service, Inc. (20-CA-193784; 370 NLRB No. 65) Vallejo, CA, January 4, 2021.
The Board unanimously adopted the Administrative Law Judge’s conclusions that the Respondent violated Section 8(a)(1) by maintaining rules prohibiting conducting personal business on company time or property and soliciting or distributing literature during working hours. Applying The Boeing Co., 365 NLRB No. 154 (2017), a Board majority (Chairman Ring and Member Kaplan) found that the Respondent did not violate Section 8(a)(1) by maintaining provisions in its Social Media Policy prohibiting inappropriate communications, disclosure of confidential information, use of the company’s name to denigrate or disparage causes or people, and the posting of photos of coworkers. The majority also reversed the judge’s findings that the Respondent unlawfully maintained rules prohibiting the sharing of employee compensation information and the use of social media to disparage the company or others. Dissenting, Member McFerran would have found that the Respondent violated Section 8(a)(1) by maintaining the above rules.
Charge filed by United Emergency Medical Services Workers, Local 4911, AFSCME, AFL-CIO. Administrative Law Judge Gerald M. Etchingham issued his decision on October 25, 2019. Chairman Ring and Members Kaplan and McFerran participated.
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Atrium Hospitality LP d/b/a The Westin Southfield-Detroit (07-CA-239593; 370 NLRB No. 63) Southfield, MI, January 5, 2021. Errata issued January 6, 2021. Errata Amended Decision
The Board granted the General Counsel’s Motion for Default Judgment based on the Respondent’s failure to file an answer to the complaint. The Board found that the Respondent violated Section 8(a)(1) by denying an employee’s request for union representation during an interview that she reasonably believed would result in disciplinary action and by suspending her and denying her backpay because of her request, and that the Respondent also violated Section 8(a)(3) by engaging in this conduct.
Charge filed by an individual. Chairman Ring and Members Kaplan and Emanuel participated.
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Dignity Health d/b/a Mercy Gilbert Medical Center (28-CA-229160 and 28-CA-238137; 370 NLRB No. 67) Gilbert, AZ, January 6, 2021.
The Board adopted the Administrative Law Judge’s conclusions that the Respondent violated Section 8(a)(1) by interrogating a union supporter about his union activities and by creating the impression that his activities were under surveillance. Additionally, the Board adopted the judge’s dismissal of the allegation that the Respondent violated Section 8(a)(1) by surveilling employee leafleting, and further adopted (Members Kaplan and Emanuel; Member McFerran dissenting) the judge’s dismissal of the allegation that the Respondent violated Section 8(a)(1) by discouraging protected workplace conversations.
Charges filed by Service Employees International Union–United Healthcare Workers West. Administrative Law Judge Ariel Sotolongo issued his decision on March 19, 2020. Members Kaplan, Emanuel, and McFerran participated.
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Edwards Painting, Inc. (19-CA-116399 and 19-CA-122730; 370 NLRB No. 69) Oregon City, OR, January 7, 2021.
The Board granted in part the General Counsel’s Motion for Default Judgment based on the Respondent’s failure to file a sufficient answer to the compliance specification’s allegations. The Board found, however, that the Respondent’s general denial of the discriminatees’ interim earnings figures, which were not within its knowledge, was sufficient to warrant a hearing limited to that issue and the Board remanded for that purpose.
Charges filed by International Union of Painters and Allied Trades, District Council 5, a/w International Union of Painters and Allied Trades. Chairman Ring and Members Kaplan and Emanuel participated.
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Relentless Pursuit Enterprises, Inc., d/b/a Lexus of San Diego (21-CA-262730; 370 NLRB No. 66) San Diego, CA, January 7, 2021.
The Board granted the General Counsel’s Motion for Summary Judgment in this test-of-certification case on the basis 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.
Charge filed by International Association of Machinists and Aerospace Workers Local Lodge No. 1484, District Lodge 190. Chairman Ring and Members Emanuel and McFerran participated.
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Nexstar Broadcasting, Inc. d/b/a KOIN-TV (19-CA-232897; 370 NLRB No. 68) Portland, OR, January 7, 2021.
The Board adopted the Administrative Law Judge’s conclusions that the Respondent violated Section 8(a)(1) by issuing a written warning to an employee, and Section 8(a)(5) and (1) by refusing to furnish the Union with the name of a witness to the employee’s alleged misconduct. However, a Board majority (Chairman Ring and Member Kaplan) declined to order the Respondent to provide the Union with the name of the witness at this juncture, finding that the Union no longer had any need for the information.
Charge filed by National Association of Broadcast Employees & Technicians, The Broadcasting and Cable Television Workers Sector of the Communications Workers of America, Local 51, AFL-CIO. Administrative Law Judge Christine E. Dibble issued her decision on June 3, 2020. Chairman Ring and Members Kaplan and McFerran participated.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
Exela Enterprise Solutions, Inc. (22-RC-237040) New Brunswick, NJ, January 5, 2021. The Board denied the Employer’s Request for Review of the Regional Director’s Decision and Certification of Representative as it raised no substantial issues warranting review. Petitioner— United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied & Industrial Service Workers International Union, AFL-CIO-CLC. Chairman Ring and Members Kaplan and Emanuel participated.
Triple Canopy Inc., a Constellis Company (05-RC-263989) Washington, DC, January 8, 2021. The Board denied the Intervenor International Union, Security, Police and Fire Professionals of America and its Local No. 287 (SPFPA)’s Request for Review of the Regional Director’s Decision on Objection and Certification of Representative as it raised no substantial issues warranting review. The Board also denied the Intervenor SPFPA’s request for a stay of the Certification of Representative as moot. Petitioner—United Career Professionals. Intervenors—International Union, Security, Police and Fire Professionals of America and its Local No. 287 (SPFPA) and Governed United Security Professionals. Chairman Ring and Members Kaplan and Emanuel participated.
C Cases
International Brotherhood of Teamsters, Local 251 (DHL Express (USA), Inc.) (01-CB-219768, et al.) Boston, MA, January 4, 2021. No exceptions having been filed to the November 20, 2020 decision of Administrative Law Judge Elizabeth M. Tafe’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 DHL Express (USA) Inc.
Profex Inc. (03-CA-259352) Newburgh, NY, January 4, 2021. No exceptions having been filed to the December 7, 2020 decision of Administrative Law Judge David I. Goldman’s finding that the Respondent had not engaged in certain unfair labor practices, the Board adopted the judge’s findings and conclusions and dismissed the complaint. Charge filed by International Union of Operating Engineers, Local 825.
The Painting Contractor, LLC (09-CA-248716 and 09-CA-250898) Cincinnati, OH, January 4, 2021. The Board denied the Respondent’s Motion for Summary Judgment as the Respondent failed to establish that there are no genuine issues of material fact warranting a hearing and that it is entitled to judgment as a matter of law. Charges filed by International Union of Painters and Allied Trades, AFL-CIO, CLC, District Council 6. Chairman Ring and Members Kaplan and Emanuel participated.
United Steel, Paper and Forestry Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union Local 5668 (Constellium Rolled Products Ravenswood, LLC) (09-CB-257509) Ravenswood, WV, January 6, 2021. No exceptions having been filed to the November 23, 2020 decision of Administrative Law Judge Arthur J. Amchan’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 Constellium Rolled Products Ravenswood, LLC.
Empresas Velázquez, Inc. and Euro-Japón Auto Supply, Inc., a Single Employer (12-CA-251269, et al.) San Juan and Rio Piedras, PR, January 8, 2021. 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. The complaint had alleged Section 8(a)(5) and (1) violations. Charges filed by International Association of Machinists and Aerospace Workers, AFL-CIO. Chairman Ring and Members Kaplan and Emanuel 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
Same Sun of Vermont (03-CA-262602; JD-01-21) Rutland, VT. Administrative Law Judge Arthur J. Amchan issued his decision on January 7, 2021. Charge filed by an individual.
New Concepts for Living, Inc. (22-CA-187407, et al.; JD(NY)-01-21) Newark, NJ. Administrative Law Judge Jeffrey P. Gardner issued his decision on January 8, 2021. Charges filed by Communications Workers Local 1040.
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