Summary of NLRB Decisions for Week of July 22 - 26, 2019
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
Alorica, Inc., and its subsidiary/affiliate Expert Global Solutions, Inc. (18-CA-190846, 25-CA-185622, and 25-CA-185626; 368 NLRB No. 25) Rockford, IL and Cedar Rapids, IA, July 25, 2019.
The Board adopted the Administrative Law Judge’s conclusion that the Respondent violated Section 8(a)(1) by maintaining its Agreement to Arbitrate. The Board relied on the framework set forth in Prime Healthcare Paradise Valley, LLC, 368 NLRB No. 10 (2019), because employees would reasonably believe the Agreement restricts access to the Board and its processes. The Board also adopted the judge’s conclusion that the Respondent violated Section 8(a)(1) by discharging two employees who refused to sign the Agreement, because it is unlawful to discharge employees for failing to sign an unlawful rule.
Charges filed by OPEIU Local 153, Office & Professional Employees International Union, AFL-CIO and Office & Professional Employees International Union, Local 153. Administrative Law Judge Melissa M. Olivero issued her decision on October 18, 2017. Chairman Ring and Members Kaplan and Emanuel participated.
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Walmart Stores, Inc. (16-CA-096240, et al.; 368 NLRB No. 24) Bentonville, AR, July 25, 2019.
The Board (Members Kaplan and Emanuel; Member McFerran, dissenting) reversed the Administrative Law Judge’s conclusion that the Respondent violated Section 8(a)(1) by disciplining and discharging employees who had participated in a work stoppage. The Board held that the employees had participated in an unprotected intermittent strike because a stipulation admitted that the stoppage, the third in a series of strikes, was pursuant to a strategy to strike, return to work, and strike again in support of the same goals. Dissenting, Member McFerran disagreed with her colleagues’ description of the intermittent strike doctrine. She would find the work stoppage protected and affirm the violation.
Charges filed by The Organization United for Respect at Walmart (OUR Walmart). Administrative Law Judge Geoffrey Carter issued his decision on January 21, 2016. Members McFerran, Kaplan, and Emanuel participated.
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Manor Care of Yeadon PA, LLC d/b/a Manorcare Health Services-Yeadon (04-RC-196504 and 04-RC-197201; 368 NLRB No. 28) Yeadon, PA, July 25, 2019.
The Board (Chairman Ring and Member Kaplan; Member McFerran dissenting in part) granted the Employer’s Request for Review solely with respect to whether the unit found appropriate in Case 04-RC-197201 is an appropriate unit for collective bargaining, remanded the case to the Regional Director for further appropriate action consistent with PCC Structurals, Inc., 365 NLRB No. 160 (2017), and Memorandum OM 18-05, and denied review in all other respects. The Board majority noted that, in PCC Structurals, the Board overruled Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB 934 (2011), and in doing so reinstated the standard established in Park Manor Care Center, 305 NLRB 872 (1991), for determining bargaining units in nonacute healthcare facilities such as the Employer. Member McFerran, dissenting in part, would not remand this case to the Regional Director to apply PCC Structurals after granting review on the appropriate unit issue in Case 04-RC-197201, asserting that PCC Structurals wrongly overruled Park Manor without public notice and an invitation to file briefs, and without providing a rationale, except to cross-reference former Member Hayes’ dissenting opinion in Specialty Healthcare. Member McFerran asserts that, if the majority wishes to consider reinstating the Park Manor standard, it should permit the parties here to files briefs on review addressing possible reinstatement and issue a Notice and Invitation to File Briefs. In all other respects, Member McFerran agreed with the majority’s decision.
Petitioner—SEIU Healthcare Pennsylvania. Chairman Ring and Members McFerran and Kaplan participated.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
Fox Sports Net Florida, Inc. (12-RC-228892) Fort Lauderdale, FL, July 23, 2019. The Board denied the Employer’s Request for Review of the Regional Director’s Decision and Direction of Election as it raised no substantial issues warranting review. Member McFerran joined in the denial of review, including the Regional Director’s finding regarding that a unit of broadcast technicians at the Employer’s south Florida facilities was appropriate, but stated that she adheres to her dissent in PCC Structurals, Inc., 365 NLRB No. 160 (2017), and would find the unit to be appropriate under Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB 934 (2011), which PCC overruled. Chairman Ring and Member Kaplan stated that they express no view as to whether they agree or disagree with the revisions made by the Board’s Election Rule, but agree that it applies in this case and warrants denial of the Employer’s Request for Review of the Regional Director’s denial of its prior request for a hearing continuance. Petitioner—International Alliance of Theatrical Stage Employees, AFL-CIO (IATSE). Chairman Ring and Members McFerran and Kaplan participated.
St. James Medical Group (19-RC-233533) Butte, MT, July 26, 2019. The Board denied the Employer’s Request for Review of the Regional Director’s Decision and Direction of Election as it raised no substantial issues warranting review. The Regional Director ordered an election in an RN-only unit at this multi-facility non-acute health care employer. Member McFerran stated that, for the reasons set forth in her dissent in Manor Care of Yeadon PA, LLC, 368 NLRB No. 28 (2019), she would not apply Park Manor Care Center, 305 NLRB 872 (1991), but agreed that the petitioned-for unit of RNs was appropriate. Petitioner—Montana Nurses Association. Chairman Ring and Members McFerran and Kaplan participated.
DS Services of America, Inc. (19-RC-243327) Portland, OR, July 26, 2019. The Board denied the Employer’s Request to Stay all proceedings and its Request for Review of the Regional Director’s Denial of its Motion to Stay all proceedings. Petitioner—Teamsters Union Local No. 206. Chairman Ring and Members McFerran and Kaplan participated.
C Cases
Henry Mayo Newhall Memorial Hospital (31-CA-209036 and 31-CA-228903) Valencia, CA, July 23, 2019. The Board denied the Respondent’s Motion for Summary Judgment, finding that the Respondent had 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 United Electrical, Radio and Machine Workers of America, Local 1004. 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
VHS of Michigan, Inc. d/b/a Detroit Medical Center (DMC) (07-CA-205394; JD-59-19) Detroit, MI. Administrative Law Judge Arthur J. Amchan issued his decision on July 23, 2019. Charge filed by Local 283, International Brotherhood of Teamsters (IBT).
The Permanente Medical Group, Inc. Northern California Region (32-CA-226909; JD(SF)-24-19) Oakland, CA. Administrative Law Judge Gerald M. Etchingham issued his decision on July 25, 2019. Charge filed by National Union of Healthcare Workers.
Nolan Enterprises, Inc. d/b/a Centerfold Club (09-CA-220677; JD-60-19) Columbus, OH. Administrative Law Judge Andrew S. Gollin issued his decision on July 25, 2019. Charge filed by an individual.
Mercedes-Benz U.S. International, Inc. (MBUSI) (10-CA-226249; JD-61-19) Vance, AL. Administrative Law Judge Arthur J. Amchan issued his decision on July 26, 2019. Charge filed by an individual.
Bemis Company, Inc. (18-CA-202617, et al.; JD-55-19) Centerville, IA, July 26, 2019. Errata to July 1, 2019 decision of Administrative Law Judge Charles J. Muhl. Charges filed by Graphic Communications Conference of the International Brotherhood of Teamsters, Local 727-S and an individual. Errata Amended Decision.
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