Summary of NLRB Decisions for Week of January 9 - 13, 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
Laborers International Union of North America Local 872, AFL–CIO (Various Employers, Including the Employer-Members of Nevada Contractors Association/Associated General Contractors Association) (28-CB-239339, et al.; 372 NLRB No. 41) Las Vegas, NV, January 10, 2023.
The Board denied the Charging Party’s Motion for Default Judgment. The Board found that although the Respondent did not strictly comply with Section 102.21 of the Board’s Rules and Regulations by “immediately” serving its answer on the Charging Party, it eventually served him, and the Charging Party alleged no prejudice from the delay. Regarding the Respondent counsel’s language in its letter transmitting the complaint, the Board noted that it appeared not to conform to the standards of ethical and professional conduct required of practitioners appearing before the Agency. The Board declined to refer counsel’s conduct to the Investigating Officer sua sponte, but warned counsel that a repetition of such conduct would result in a referral.
Charges filed by individuals. Chairman McFerran and Members Kaplan and Wilcox participated.
***
Touch of Class, Inc. d/b/a Club Coyote (25-CA-293963; 372 NLRB No. 39) Crawfordsville, IN, January 10, 2023.
The Board granted the General Counsel’s Second 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 discharging an employee because she engaged in protected concerted activities.
Charge filed by an individual. Chairman McFerran and Members Kaplan and Wilcox participated.
***
Bothell Pediatric and Hand Therapy (19-CA-298270; 372 NLRB No. 40) Bothell, WA, January 13, 2023.
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 telling employees that they could be discharged if they engage in protected concerted activities and by discharging an employee because she engaged in protected concerted activities.
Charge filed by an individual. Chairman McFerran and Members Kaplan and Wilcox participated.
***
Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
Starbucks Corporation (15-RC-298956) Lafayette, LA, January 9, 2023. The Board denied the Employer’s Request for Review of the Regional Director’s Report on Determinative Challenged Ballots and Order Directing Opening and Counting of Challenged Ballots as it raised no substantial issues warranting review. In denying review, the Board agreed with the Regional Director that the mere lack of a postmark on the outer ballot envelope was not, by itself, sufficient reason to invalidate the ballot contained therein. Regarding the Employer’s contention of Board agent misconduct in mail ballots held at other of its stores and conducted by other regional offices, the Board noted that there is no allegation of any misconduct on the part of the Region or any of its personnel in connection with this or any other election. Member Kaplan concurred, but noted that the issue raised regarding the absence of a postmark on two ballots exemplifies the problems with mail ballot elections and reinforces the Board's strong preference for in-person manual elections. Petitioner—Workers United a/w SEIU. Chairman McFerran and Members Kaplan and Wilcox participated.
Conway USA, Inc. (31-RC-300668) Los Angeles, CA, January 12, 2023. The Board denied the Employer’s Request for Review of the Regional Director’s Supplemental Decision and Order Disposing of Certain Determinative Challenges as it raised no substantial issues warranting review. Petitioner—California Restaurant and Retail Workers Union. Members Kaplan, Wilcox, and Prouty participated.
C Cases
No Unpublished C Cases Issued.
***
Appellate Court Decisions
No Appellate Court Decisions involving Board Decisions to report.
***
Administrative Law Judge Decisions
RJN Group, Inc. (13-CA-283366; JD-02-23) Wheaton, IL. Administrative Law Judge Robert A. Ringler issued his decision on January 10, 2023. Charge filed by an individual.
McLaren Macomb (07-CA-275682; JD-01-23) Mt. Clemens, MI. Administrative Law Judge Melissa M. Olivero issued her decision on January 11, 2023. Charge filed by Local 40, RN Staff Council, Office and Professional Employees International Union (OPEIU), AFL-CIO.
Falcon Trucking, LLC and Ragle, Inc., a single employer and/or joint employers (25-CA-132518, et al.; JD-03-23) Newburgh, IN. Administrative Law Judge Christal J. Key issued her decision on January 11, 2023. Charges filed by Chauffeurs, Teamsters and Helpers, Local Union No. 215 a/w International Brotherhood of Teamsters.
***
To have the NLRB’s Weekly Summary of Cases delivered to your inbox each week, please subscribe here.