Summary of NLRB Decisions for Week of July 10 - 14, 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
Amerigal Construction Co., Inc. (05-CA-303129; 372 NLRB No. 104) Glen Dale, MD, July 11, 2023. Errata to Decision issued July 7, 2023. Errata Amended Decision.
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10 Roads Express, LLC (13-CA-283747; 372 NLRB No. 105) Chicago and Romeoville, IL, July 14, 2023.
On a stipulated record, the Board (Chairman McFerran and Member Prouty; Member Wilcox, dissenting) concluded that the Respondent did not violate Section 8(a)(3) and (1) by withholding an interim wage increase from its represented employees that it implemented for its unrepresented employees following the Union’s refusal to accept the offer of the wage increase with the condition that the Respondent had unilateral discretion to reduce or eliminate the wage increase. The Board also found that the Respondent did not unlawfully refuse to bargain in good faith in violation of Section 8(a)(5) and (1) by so conditioning its offer of the interim wage increase. Dissenting, Member Wilcox would have found that the Respondent violated Section 8(a)(5) and (1) because she viewed the Respondent’s conditional offer as a take-it-or-leave-it offer inconsistent with good faith bargaining.
Charge filed by International Brotherhood of Teamsters, Local 727. Chairman McFerran and Members Wilcox and Prouty participated.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
Jetstream Ground Services, Inc. (10-RC-304155) Charlotte, NC, July 11, 2023. The Board denied the Employer’s Request for Extraordinary Relief. Dissenting, Member Kaplan would have granted the request and stayed the proceeding pending the Board’s consideration of the National Mediation Board’s forthcoming advisory opinion on the threshold question of jurisdiction. Petitioner—International Association of Machinists and Aerospace Workers, AFL-CIO. Intervenor—Service Employees International Union, Local 32BJ. Chairman McFerran and Members Kaplan and Wilcox participated.
Coway USA, Inc. (31-RC-300668) Los Angeles, CA, July 12, 2023. The Board denied the Petitioner’s Request for Review of the Regional Director’s Corrected Partial Decision on Objections and Notice of Hearing as it raised no substantial issues warranting review. Petitioner—California Restaurant and Retail Workers Union. Chairman McFerran and Members Wilcox and Prouty participated.
C Cases
Starbucks Corporation (08-CA-290673, et al.) Cleveland, OH, July 10, 2023. The Board denied the Respondent’s Request for Special Permission to Appeal from the Administrative Law Judge’s rulings pertaining to the production of subpoenaed documents at the commencement of the hearing. The Board found that the Respondent failed to establish that the order could not be addressed at a later stage of the proceeding, if necessary. Charges filed by Chicago and Midwest Regional Joint Board, Workers United/SEIU. Chairman McFerran and Members Wilcox and Prouty participated.
Entergy Mississippi, LLC (15-CA-300409 and 15-CA-300438) Southaven, MS, July 11, 2023. The Board denied the Respondent’s Motion to Dismiss the Complaint as a sanction for purported subpoena noncompliance as premature. The Board noted that the Respondent could renew its arguments to the Administrative Law Judge and before the Board on any exceptions, if appropriate. The Board further found that the Respondent’s alternative request for lesser evidentiary sanctions was not properly before it. Charges filed by individuals. Chairman McFerran and Members Wilcox and Prouty 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
Starbucks Corporation (22-CA-305726; JD(NY)-14-23) Newark, NJ. Administrative Law Judge Kenneth W. Chu issued his decision on July 14, 2023. Charge filed by Workers United, a/w Service Employees International Union.
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