Summary of NLRB Decisions for Week of June 1 - 5, 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
Alexandria Care Center, LLC (31-CA-140383; 369 NLRB No. 94) Los Angeles, CA, June 2, 2020.
The Board reversed the Administrative Law Judge’s conclusion that the Respondent violated Section 8(a)(1) by maintaining its Employment Dispute Resolution (EDR) Program. The Board found that a reasonable employee would interpret the EDR Program’s savings clause to permit the filing of unfair labor practice charges.
Charge filed by an individual. Administrative Law Judge Jeffrey D. Wedekind issued his decision on December 14, 2017. Chairman Ring and Member Kaplan participated. Member Emanuel, who was recused, was a member of the panel but did not participate in the decision on the merits.
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Bevilacqua Asphalt Corp. (01-CA-245510; 369 NLRB No. 96) Uxbridge, MA, June 3, 2020.
The Board granted the General Counsel’s Motion to Modify the Board’s initial Order in this proceeding (369 NLRB No. 39) by adding to the Order and Notice an affirmative paragraph stating that the Respondent will grant its former employee, as an employee of one of its customers, access to its property on the same basis that it grants access to employees of other customers and that it will notify its customer of this. The Board further granted in part and denied in part the General Counsel’s Motion for Reconsideration of the Board’s denial of the General Counsel’s request in the initial proceeding that the Board order the Respondent to mail a copy of the notice to all full-time and regular part-time truck drivers currently employed or formerly employed by the Respondent at any time since December 1, 2016. The Board granted this motion only to the extent of ordering the Respondent to mail the notice to the discriminatee and to current and former truck drivers employed by the Respondent since July 25, 2019 (the date of the Respondent’s unfair labor practice in the initial proceeding, which is the Board’s customary starting date for the period defining the recipients of a remedial notice).
Charge filed by International Brotherhood of Teamsters Local 251, AFL-CIO. Chairman Ring and Members Kaplan and Emanuel participated.
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Graphic Communications Conference/International Brotherhood of Teamsters Local Union No. 735‒S (Bemis Company, Inc.) (04-CB-215127; 369 NLRB No. 97) Hazelton, PA, June 5, 2020.
The Board adopted the Administrative Law Judge’s conclusions that the Respondent violated Section 8(b)(1)(A) by threatening employees with unspecified reprisals and by posting a memo threatening to retaliatorily fine and blacklist members from union jobs. The Board further concluded that the Respondent violated Section 8(b)(2), and, independently, Section 8(b)(1)(A) by attempting to cause an employee’s discipline. In doing so, the Board clarified the analysis for determining an attempt-to-cause violation by applying both the Wright Line and the duty-of-fair-representation frameworks.
Charge filed by Bemis Company, Inc. Administrative Law Judge David I. Goldman issued his decision on February 1, 2019. Chairman Ring and Members Kaplan and Emanuel participated.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
GADecatur SNF LLC d/b/a East Lake Arbor (10-RC-249998) Decatur, GA, June 2, 2020. The Board denied the Employer’s Request for Review of the Acting Regional Director’s Decision and Certification of Representative as it raised no substantial issues warranting review. Petitioner—Retail, Wholesale & Department Store Union - Southeast Council. Chairman Ring and Members Kaplan and Emanuel participated.
Twinbrook Health & Rehabilitation Center (06-RC-257382) Erie, PA, June 5, 2020. The Board denied the Employer’s Request for Review of the Regional Director’s Decision and Direction of Election (ordering a mail ballot election due to circumstances related to the COVID-19 pandemic) as it raised no substantial issues warranting review. The Board also denied the Employer’s Request for Extraordinary Relief as moot. Petitioner—S.E.I.U. Healthcare Pennsylvania. Chairman Ring and Members Kaplan and Emanuel participated.
C Cases
National Rural Carriers Association (United States Postal Service) (27-CB-245422) Cheyenne, WY, June 3, 2020. No exceptions having been filed to the April 21, 2020 decision of Administrative Law Judge Dickie Montemayor’s finding that the Respondent had not engaged in certain unfair labor practices, the Board dismissed the complaint. Charge filed by an individual.
Hacienda Hotel, Inc. Gaming Corp. d/b/a Hacienda Resort Hotel and Casino (28-CA-013274 and 28-CA-013275) Las Vegas, NV, June 3, 2020. The Board denied the Respondent’s Motion for Reconsideration of the Board’s Fourth Supplemental Decision and Order, reported at 367 NLRB No. 101 (2019), both as untimely and on the merits as it failed to identify any material error or demonstrate extraordinary circumstances warranting reconsideration. The Board had already accepted, as the law of the case, the finding made by the Ninth Circuit Court that the Respondent’s conduct in ceasing dues checkoff following the expiration of the parties’ collective bargaining agreement was unlawful, as well as the Court’s directive to implement the Board’s standard remedy for this violation. Charges filed by Local Joint Executive Board of Las Vegas, Culinary Workers Union, Local 226, and Bartenders Union, Local 165. Administrative Law Judge James M. Kennedy issued his decision on August 8, 1996. Chairman Ring and Members Kaplan and Emanuel participated.
Mason-Dixon Intermodal d/b/a Universal Intermodal Services; Roadrunner Intermodal Services; and Universal Truckload, Inc. (21-CA-252500, et al.) Compton, CA, June 3, 2020. The Board denied the Petitioners’ Petitions to Revoke separate investigative subpoenas duces tecum served on each of the Petitioners, as the subpoenas sought information relevant to the matter under investigation and described with sufficient particularity the evidence sought, and the Petitioners failed to establish any other legal basis for revoking the subpoenas. The Board evaluated the subpoenas in light of the Region’s modification of certain paragraphs in four of the subpoenas. The Board also denied the request from three of the Petitioners for a protective order as to certain requested information, but stated that if these Petitioners’ concerns about confidentiality can be substantiated, they may seek a confidentiality agreement from the Region. Charges filed by International Brotherhood of Teamsters. Chairman Ring and Members Kaplan and Emanuel participated.
LGH Digital Media, Inc., d/b/a Larson Studios, LLC (31-CA-248995) Los Angeles, CA, June 4, 2020. The Board approved a formal settlement stipulation between the Respondent, the Charging Party, and the General Counsel and specified actions the Respondent must take to comply with the Act. Charge filed by Motion Picture Editors Guild, IATSE Local 700. 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
BS&B Safety Systems, LLC (14-CA-249322, et al.; JD-25-20) Tulsa, OK. Administrative Law Judge Geoffrey Carter issued his decision on June 1, 2020. Charges filed by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied-Industrial and Service Workers International Union, AFL-CIO.
Nexstar Broadcasting, Inc. d/b/a Koin-TV (19-CA-232897; JD-26-20) Portland, OR. Administrative Law Judge Christine E. Dibble issued her decision on June 3, 2020. Charge filed by National Association of Broadcast Employees & Technicians, The Broadcasting and Cable Television Workers Sector of the Communications Workers of America, Local 51, AFL-CIO.
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