Summary of NLRB Decisions for Week of June 17 - 21, 2024
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
Intertape Polymer Corp. (07-CA-273203 and 07-CA-273901; 373 NLRB No. 68) Marysville, MI, June 17, 2024.
The Board, reversing the Administrative Law Judge, found that the Respondent violated Section 8(a)(3) and (1) by suspending and issuing disciplinary notices to two employees. The Board found that the employees were engaged in protected activity when they met with management to informally resolve a latent grievance over a departure from past practice and a safety concern that was a potential violation of the collective-bargaining agreement. Applying the factors of Atlantic Steel Co., 245 NLRB 814 (1979), the Board found that the employees' alleged misconduct during the meeting was not so egregious as to cause them to lose the protection of the Act.
Charges filed by Local 1149 International Union, United Automobile, Aerospace and Agricultural Workers of America (UAW), AFL-CIO. Administrative Law Judge Robert A. Giannasi issued his decision on November 2, 2021. Chairman McFerran and Members Prouty and Wilcox participated.
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NP Red Rock LLC d/b/a Red Rock Casino Resort Spa (28-CA-244484, et al.; 373 NLRB No. 67) Las Vegas, NV, June 17, 2024.
The Board adopted the Administrative Law Judge’s conclusions that the Respondent violated Section 8(a)(1) by many separate instances of three categories of coercive conduct: (1) promises, announcements, and grants of benefits to its employees made during the Union’s organizing campaign in order to discourage employees from selecting the Union; (2) threats to withhold or withdraw benefits if employees selected the Union; and (3) implied threats that selecting the Union would be futile because the Respondent would not agree to improve employees’ working conditions through bargaining with the Union. The Board also adopted the judge’s conclusions that the Respondent violated Section 8(a)(1) by threatening employees with job loss as a result of strikes, interrogating an employee about her union sympathies, and posting photographs of employees on an antiunion website without their consent. Further, the Board affirmed the judge’s conclusions that the Respondent violated Section 8(a)(3) and (1) by issuing discriminatory disciplines and a discriminatory work assignment to union supporters and by failing to recall an employee from layoff status because of her union activity and that it violated Section 8(a)(5) and (1) by unilaterally cancelling a policy providing servers with compensation for changes in table assignments.
The Board concluded that the Respondent’s refusal to bargain with the Union while engaging in the unlawful conduct found violated Section 8(a)(5) and (1) and the Board affirmed and adopted the judge’s recommended remedial affirmative bargaining order under NLRB v. Gissel Packing Co., 395 U.S. 575 (1969). The Board additionally concluded that an affirmative bargaining order was warranted as a remedy for the Respondent’s unlawful refusal to bargain under Cemex Construction Materials Pacific, LLC, 372 NLRB No. 130 (2023).
In addition, the Board modified the judge’s recommended Order to include a broad cease-and-desist provision and provisions requiring the Respondent to: (1) post an explanation of employee rights in addition to the Board’s notice; (2) provide employees with copies of the notice and explanation of rights prior to the required public reading of these documents; and (3) mail copies of these documents to employees’ homes. Finally, the Board modified the judge’s recommended Order to require that certain specific high officers of the Respondent be present during the required public readings of the notice and explanation of rights.
Charges filed by Local Joint Executive Board of Las Vegas a/w UNITE HERE International Union. Administrative Law Judge Jeffrey D. Wedekind issued his decision on April 12, 2022. Chairman McFerran and Members Prouty and Wilcox participated.
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Maverick Fulfillment, LLC (04-CA-323653; 373 NLRB No. 57) Cherry Hill, NJ, June 20, 2024.
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)(1) by discharging an employee because the employee engaged in protected, concerted activity.
Charge filed by an individual. Chairman McFerran and Members Kaplan and Wilcox participated.
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Indy Core, Inc. (25-CA-307386; 373 NLRB No. 70) Indianapolis, IN, June 21, 2024.
The Board denied the General Counsel’s Motion for Default Judgment based on the Respondent’s alleged breach of a settlement agreement. The Board found that the Respondent raised a material issue of fact regarding its compliance with the settlement agreement. The Board remanded the case to the Regional Director for further processing.
Charge filed by Laborers International Union of North America, AFL-CIO, Local Union No. 120 a/w Laborers’ International Union of North America. Chairman McFerran and Members Kaplan and Prouty participated.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
Starbucks Corporation (19-RD-320379) Beaverton, OR, June 21, 2024. The Board denied the Employer’s Request for Review of the Regional Director’s Decision and Order Dismissing Petition as it raised no substantial issues warranting review. Petitioner—an individual. Union—Workers United. Chairman McFerran and Members Kaplan and Wilcox participated.
WinCo Holdings, Inc. (27-RC-332945) South Salt Lake, UT, June 21, 2024. The Board denied the Employer’s Request for Review of the Regional Director’s Decision on Objections and Certification of Representative as it raised no substantial issues warranting review. Petitioner—International Brotherhood of Teamsters Local 222. Intervenor—WinCo Foods #142 Hourly Employee Association. Chairman McFerran and Members Prouty and Wilcox participated.
C Cases
Prinkipas LLC, d/b/a Lola Taverna (02-CA-311240) Manhattan, NY, June 20, 2024. No exceptions having been filed to the May 2, 2024 decision of Administrative Law Judge Benjamin W. Green’s finding that the Respondent had engaged in certain unfair labor practices, the Board adopted the judge’s findings and conclusions, and ordered the Respondent to take the action set forth in the judge’s recommended Order. Charge filed by an individual.
United States Postal Service (27-CA-313543) Englewood, CO, June 21, 2024. The Board denied the Respondent’s Motions to Dismiss the Complaint, finding that the Respondent failed to demonstrate that the complaint fails to state a claim upon which relief can be granted and that it is entitled to judgment as a matter of law. Charge filed by an individual. Chairman McFerran and Members Kaplan 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
Trinity Health Michigan d /b/a Trinity Health Ann Arbor Hospital (07-CA-321640; JD-38-24) Ann Arbor, MI. Administrative Law Judge Charles J. Muhl issued his decision on June 17, 2024. Charge filed by an individual.
KIPP Columbus (09-CA-310589, et al.; JD-39-24) Columbus, OH. Administrative Law Judge Christal J. Key issued her decision on June 20, 2024. Charges filed by Ohio Federation of Teachers, American Federation of Teachers, AFL-CIO.
United States Postal Service (09-CA-278765; JD-40-24) Cincinnati, OH. Administrative Law Judge Arthur J. Amchan issued his decision on June 20, 2024. Charge filed by an individual.
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