Summary of NLRB Decisions for Week of July 6 - 10, 2020
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
T-3 Construction LLC (16-CA-247162; 369 NLRB No. 115) Collinsville, TX, July 6, 2020.
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 pay unit employees contractually-required wages and failing to make contractually-required payments to the Union’s benefit funds.
Charge filed by Southwest Laborers District Council and Laborers Local 154. Chairman Ring and Members Kaplan and Emanuel participated.
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Betteroads Asphalt, LLC (12-CA-185172, et al.; 369 NLRB No. 114) San Juan, PR, July 6, 2020.
The Board granted the General Counsel’s unopposed Motion for Summary Judgment and found that the Respondent violated Section 8(a)(1) when it failed to remit to the Union dues deducted from employees’ pay. As a remedy, the Board ordered that the dues be returned to the employees. In doing so, the Board overruled Talaco Communications, Inc., 321 NLRB 762 (1996), and its progeny to the extent those cases held that the dues should be remitted to the union. The Board also found that the Respondent violated Section 8(a)(5) and (1) by failing to make numerous payments without providing the Union notice and opportunity to bargain and by failing and refusing to furnish the Union with certain relevant information.
Charges filed by Union Obreros Cemento Mezclado. Chairman Ring and Members Kaplan and Emanuel participated.
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DuPont Specialty Products USA, LLC, as a successor to E.I. du Pont de Nemours and Company (05-CA-222622; 369 NLRB No. 117) Richmond, VA, July 8, 2020.
The Board adopted the Administrative Law Judge’s conclusion that the Respondent violated Section 8(a)(5) and (1) by refusing to bargain with the Union over the Respondent’s decision to subcontract its plant emergency services work and over the effects of that decision, and by unilaterally implementing that decision. In doing so, the Board noted that a building the Respondent constructed to house contractor employees cost up to $200,000 and found that this expenditure did not remove the decision to subcontract unit work from the scope of mandatory bargaining.
Charge filed by Ampthill Rayon Workers, Inc., Local 992, International Brotherhood of DuPont Workers. Administrative Law Judge David I. Goldman issued his decision on October 11, 2019. Chairman Ring and Members Kaplan and Emanuel participated.
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3H Service System, Inc. (22-CA-236583 and 22-CA-248356; 369 NLRB No. 116) Marietta, GA, July 9, 2020.
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: announcing that it would withdraw recognition in the absence of evidence that the Union lacked majority status, failing and refusing to provide the Union with requested information necessary for and relevant to its collective-bargaining duties, failing and refusing to meet and bargain with the Union, unilaterally changing wages and benefits of bargaining unit employees, bypassing the Union and dealing directly with unit employees, and granting a wage increase to employees it excluded from coverage of the collective-bargaining agreement.
Charges filed by Local 32BJ, Service Employees International Union. Chairman Ring and Members Kaplan and Emanuel participated.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
ASARCO, LLC and Silver Bell Mining, LLC (28-RM-255301) Marana, AZ, July 6, 2020. The Board denied the Employer-Petitioner’s Request for Review of the Regional Director’s administrative dismissal of the RM petition as it raised no substantial issues warranting review. The Board also denied the Employer-Petitioner’s Request for Review of the Regional Director’s abeyance determination as moot. Union—United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Local 937. Chairman Ring and Members Kaplan and Emanuel participated.
Mountaire Farms, Inc. (05-RD-256888) Shelbyville, DE, July 7, 2020. The Board issued a Notice and Invitation to File Briefs, inviting the parties and interested amici to file briefs addressing whether the petition was barred by the Board’s contract-bar doctrine and whether the Board should (1) rescind the contract-bar doctrine, (2) retain it as it currently exists, or (3) retain the doctrine with modifications. With respect to (3), the Board invited the parties to specifically address: the circumstances in which an allegedly unlawful contract clause will prevent a contract from barring an election, the duration of the bar period during which no question of representation can be raised (including the operation of the current “window” and “insulated” periods), and how changed circumstances during the term of a contract (including changes in the employer’s operation, organizational changes within the labor organization, and conduct by and between the parties) may affect its bar quality. Briefs by the parties and briefs by amici are due to be filed with the Board by August 6, 2020 and September 8, 2020, respectively, with the parties permitted to file responsive briefs by September 22, 2020. Petitioner—an Individual. Union—United Food and Commercial Workers Union, Local 27, a/w United Food and Commercial Workers International Union, AFL-CIO. Chairman Ring and Members Kaplan and Emanuel participated.
Legal Aid of the Bluegrass, Inc. (09-RC-254679) Covington, KY, July 8, 2020. The Board denied the Employer’s Request for Review of the Acting Regional Director’s Decision and Order on Challenged Ballots as it raised no substantial issues warranting review. Petitioner—National Organization of Legal Services Workers/UAW Local 2320. Chairman Ring and Members Kaplan and Emanuel participated.
Walt Disney Parks and Resorts U.S. d/b/a Walt Disney World (12-UC-248568) Orlando, FL, July 9, 2020. The Board denied the Petitioner’s Request for Review of the Regional Director’s Decision and Order Dismissing Petition as it raised no substantial issues warranting review. Petitioner—Service Trades Council Union. Chairman Ring and Members Kaplan and Emanuel participated.
AMR of Maricopa, LLC (28-UC-223664 and 28-RM-234875) Mesa, AZ, July 10, 2020. The Board granted the Employers/Petitioners’ Request for Review of the Regional Director’s Decision and Order as it raised substantial issues warranting review. On review, the Board affirmed the Regional Director’s dismissal of the Employers/Petitioners’ RM petition but remanded the UC petition for further appropriate action. UC Petitioner—AMR of Maricopa, LLC. RM Petitioners—AMR of Maricopa, LLC d/b/a AMR; Professional Medical Transport, Inc. d/b/a PMT, Life Line, and AMR; and SW General, Inc. d/b/a Southwest Ambulance and AMR. Unions—American Federation of State, County and Municipal Employees, Local 2960, AFL-CIO; International Association of Fire Fighters, Local I-60, AFL-CIO; and Independent Certified Emergency Professionals, Local R12-170, National Association of Government Employees, Service Employees International Union. Chairman Ring and Members Kaplan and Emanuel 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
National Association of Letter Carriers, Branch 343 (United States Postal Service) (14-CB-246743; JD-30-20) St. Louis, MO. Administrative Law Judge Christine E. Dibble issued her decision on July 6, 2020. Charge filed by an individual.
International Longshore and Warehouse Union (Pacific Crane Maintenance Company, Inc.) (32-CB-005932; JD-(SF)-15-20) Oakland, CA. Administrative Law Judge Eleanor Laws issued her supplemental decision on July 9, 2020. Charge filed by International Association of Machinists & Aerospace Workers, AFL-CIO, District Lodge 190, Local Lodge 1546, District Lodge 160.
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