Summary of NLRB Decisions for Week of July 3 - 7, 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
Danone North America PBC (16-RD-302294 and 16-RD-308922; 372 NLRB No. 103) Dallas, TX, July 5, 2023.
The Board (Members Kaplan and Wilcox; Member Prouty, dissenting) granted the Petitioner’s Requests for Review of the Regional Director’s dismissals of the Petitioner’s decertification petitions as they raised substantial issues warranting review. The Board remanded the cases instructing the Regional Director to provide a fuller explanation as to why the petitions should be dismissed under the contract-bar doctrine. Dissenting, Member Prouty would have denied review of the Regional Director’s dismissals. In his view, the Regional Director properly applied the Bord’s contract-bar doctrine and adequately explained his reasons for doing so in his dismissal letters.
Petitions filed by an individual. Members Kaplan, Wilcox, and Prouty participated.
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Tracy Auto, L.P. d/b/a Tracy Toyota (32-CA-260614, et al.; 372 NLRB No. 101) Oakland, CA, July 6, 2023.
The Board unanimously adopted the Administrative Law Judge’s conclusions that the Respondent violated Section 8(a)(3) and (1) by failing to recall strikers to fill vacancies that arose after the strikers’ unconditional offer to return to work and that two of the Respondent’s foremen were not supervisors within the meaning of Section 2(11) of the Act. The Board also adopted the judge’s recommendation to overrule the Respondent’s election objections alleging that the two foremen engaged in objectionable, pro-union conduct and that a union organizer impliedly threatened a replacement foreman; accordingly, the Board issued a certification of representation. The Board reversed the judge’s recommendation to dismiss the allegation that the Respondent violated Section 8(a)(1) by using Board subpoenas to coercively interrogate employees, concluding that subpoenas for the two foremen’s communications with the General Counsel were unlawful, while declining to pass on the lawfulness of subpoenas issued to rank-and-file employees and other elements of the subpoenas issued to the foremen. A Board majority (Chairman McFerran and Member Wilcox) additionally adopted the judge’s conclusion that the Respondent violated Section 8(a)(3) and (1) by failing to recall strikers to fill two vacancies that existed at the time of the strikers’ unconditional offer to return to work.
Dissenting, Member Kaplan found that the General Counsel failed to prove that two employees were pre-strike hires occupying positions in an expanded workforce, rather than strike replacements occupying vacancies created by the strike.
Charges and Petition filed by Machinists and Mechanics Lodge No. 2182, District Lodge 190, International Association of Machinists and Aerospace Workers, AFL–CIO. Administrative Law Judge Mara-Louise Anzalone issued her decision on September 27, 2021. Chairman McFerran and Members Kaplan and Wilcox participated.
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Amerigal Construction Co., Inc. (05-CA-303129; 372 NLRB No. 104) Glen Dale, MD, July 7, 2023. Errata issued July 11, 2023 stating correct citation as No. 104.
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)(5) and (1) by failing to meet and bargain in good faith with the Union for an initial collective bargaining agreement and by failing and refusing to furnish the Union with requested relevant and necessary information.
Charge filed by Construction and Master Laborers’ Local Union 11 a/w Laborers’ International Union of North America, AFL-CIO. Chairman McFerran and Members Wilcox and Prouty participated.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
The RAND Corporation, a California Nonprofit Public Benefit Corporation, which owns and operates Pardee RAND Graduate School (31-RC-308974) Santa Monica, CA, July 3, 2023. The Board denied the Employer’s Request for Extraordinary Relief. Petitioner—PRGS Organizes-International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (PRGS Organizes-UAW). Chairman McFerran and Members Wilcox and Prouty participated.
Starbucks Corporation (01-RC-312846 and 01-RC-313008) Somerville, MA, July 6, 2023. The Board denied the Union’s Request for Review of the Regional Director’s Corrected Order Granting the Employer’s Requests to Block and Denying Requests for Dismissal of Petitions. In its Request for Review, the Union asked the Board to pass on the merits of the Employer’s unfair labor practice charges. The Board has long held, however, that it may not make unfair labor practice findings in a representation hearing. The Board thus denied the Union’s request to do so. Petitioner—Workers United a/w SEIU. Chairman McFerran and Members Wilcox and Prouty participated in the decision.
Swissport Cargo Services, LP (22-RC-292717) Newark, NJ, July 7, 2023. The Board denied the Employer’s Request for Extraordinary Relief. Dissenting, Member Kaplan stated he would have granted the request and stay 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.
C Cases
No Unpublished C Cases Issued.
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Appellate Court Decisions
No Appellate Court Decisions involving Board Decisions to report.
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Administrative Law Judge Decisions
Hillside Operator, LLC, d/b/a Hillside Rehab and Healthcare Center and Luxor Healthcare, LLC, Joint Employers (14-CA-285257, et al.; JD-41-23) Saint Louis, MO. Administrative Law Judge Christal J. Key issued her decision on July 3, 2023. Charges filed by SEIU Healthcare MO-KS, a Division of SEIU Healthcare Illinois/Indiana.
Starbucks Corporation (03-CA-295470, et al.; JD-42-23) Ithaca, NY. Administrative Law Judge Arthur J. Amchan issued his decision on July 6, 2023. Charges filed by Workers United.
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