Summary of NLRB Decisions for Week of June 2 - 6, 2014
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 Public Affairs at Publicinfo@nlrb.gov or 202‑273‑1991.
Summarized Board Decisions
No published Board decisions issued.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
Matson Terminals, Inc. (20-RC-121101) Honolulu, Hawaii, June 2, 2014. The Board denied the Employer’s request for review of the Acting Regional Director’s Decisions and Direction of Election as not raising substantial issues regarding whether the Acting Regional Director erred in not excluding Container Vessel Stevedoring (CVS) senior superintendents and CVS superintendents as supervisory employees. Member Johnson stated that, while he found the case to be a close one, he joined his colleagues in denying review as the Employer had failed to carry its burden of showing that the Acting Regional Director’s decision had departed from Board precedent or committed a clear error of fact. Petitioner—Hawaii Teamsters and Allied Workers, Local 996. Chairman Pearce and Members Johnson and Schiffer participated.
Verizon Enterprise Delivery, LLC (07-RD-125769) Manchester, MI, June 2, 2014. Order denying the Union’s request for review of the Regional Director’s Decision and Direction of Election on the ground that it raised no substantial issues warranting review. Petitioner—an individual. Union involved—Local 1106, International Brotherhood of Electrical Workers, AFL-CIO, CLC. Chairman Pearce and Members Johnson and Schiffer participated.
Pacific Gas and Electric Company (32-RD-125204) Concord, CA, June 2, 2014. No exceptions having been filed to the Regional Director’s disposition of the challenged ballots to the election held April 22, 2014, the Board directed the Regional Director to open and count the two challenged ballots and the impounded ballots for Voting Group – Unit B. Thereafter, the Regional Director is to prepare a revised tally of ballots and issue the appropriate certification(s). Petitioner—an individual. Union involved—Engineeers and Scientists of California, Local 20, IFPTE, AFL-CIO, CLC.
Entergy Operations, Inc. (15-RC-121665) Port Gibson, Mississippi, June 4, 2014. No exceptions having been filed to the Regional Director’s report overruling objections to a self-determination election held April 16 2014, the Board certified that Petitioner International Brotherhood of Electrical Workers, Local 605 may bargain for Technicians, Radiation Protection; Technicians, Radiation Protection Support; Lab Technicians, Chemistry, as part of the existing collective bargaining unit known as the “Craft” unit working at the Employer’s Grand Gulf Nuclear Station.
Structural Concrete Products, LLC (05-RC-116939) Manassas, VA, June 6, 2014. The Board, by a three-member panel consisting of Chairman Pearce and Members Johnson and Schiffer, adopted the Regional Director’s recommendation to overrule the Employer’s objections alleging, inter alia, that the Union threatened employees about voting against the Union; that Union agents sat in a parked car in view of employees entering the facility to vote, and that the actions or inactions by the parties or the Board Agent violated the rights of the Employer and of employees to choose freely and fairly whether to be represented by the Union. Specifically with respect to the Employer’s Objection No. 3(b) alleging that the Union’s representatives remained in a car parked on the Employer’s lot within view of employees entering the facility to vote, the panel agreed with the Regional Director in finding the conduct not to be objectionable, and noted the absence of any evidence that the Union agents spoke to voters while at that location or that they were at any time present in the polling location itself or in any designated non-electioneering area. With respect to Objection No. 3(d), and the conduct of the Board agent in connection with advising an employee of his voting rights, the panel agreed with the Regional Director and noted also the absence of any evidence that the agent expressed any personal opinions that would tend to undermine confidence in the Board’s election process or that would reasonably be interpreted as impairing the election standards the Board seeks to maintain. Sonoma Health Care Center, 342 NLRB 933 (2004). Petitioner—International Union of Operating Engineers, Local 77, AFL-CIO. Chairman Pearce and Members Johnson and Schiffer participated.
C Cases
Publi Inversiones de Puerto Rico Inc. d/b/a El Vocero (12-CA-120344) San Juan, PR, June 2, 2014. The Board denied the Employer’s petition to revoke a subpoena duces tecum. The Board found that the subpoena sought information relevant to the matter under investigation and described with sufficient particularity the evidence sought. Further, the Board held that the employer failed to establish any other legal basis for revoking the subpoena. In addition, the Board noted that the Notice of Sale, as amended and approved by the bankruptcy court, states that: “Nothing in this Sale Order or the Asset Purchase Agreement shall be held to limit any independent obligation of the Buyer that potentially could arise after the closing pursuant to the National Labor Relations Act, 29 U.S.C. Sec. 145 [sic] et seq.” Charge filed by Union de Periodistas, Artes Graficas y Ramas Anexas, Local 33225. Chairman Pearce and Members Johnson and Schiffer participated.
Chenega Integrated Mission Support, LLC (28-CA-111598) Albuquerque, NM, June 2, 2014. The Board denied the Employer’s petition to revoke a subpoena duces tecum. The Board found that the subpoena seeks information relevant to the matters under investigation and describes with sufficient particularity the evidence sought. The Board further found that the Employer failed to establish any other legal basis for revoking the subpoena. Charge filed by Sheet Metal Workers’ International Association, Local Union 359, AFL-CIO. Members Hirozawa, Johnson, and Schiffer participated.
Abco Steel Door, LLC (02-CA-110543 and 02-CA-110970, et al.) Bronx, NY. June 3, 2014. Decision and Order approving a formal settlement stipulation between the Respondent Employer, the Charging Party Union, and the General Counsel, and specifying actions the Respondent must take to comply with the National Labor Relations Act. Charges filed by an individual (02-CA-110543) and by United Food and Commercial Workers Union, Local 342 (02-CA-110970, et al.). Chairman Pearce and Members Johnson and Schiffer participated.
Entergy Operations, Inc. 15-CA-119780) Killona, LA, June 5, 2014. The Board denied the Employer’s petition to revoke a subpoena duces tecum. The Board found that the subpoena seeks information relevant to the matters under investigation and describes with sufficient particularity the evidence sought. The Board further found that the Employer failed to establish any other legal basis for revoking the subpoena. Charge filed by International Union Security, Police and Fire Professionals of America, AFL-CIO, Local No. 709. Chairman Pearce and Members Johnson and Schiffer 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
Fairfield Imports, LLC d/b/a Fairfield Toyota, Momentum Autogroup and Momentum Toyota of Fairfield (20-CA-035259, et al.; JD(SF)-20-14) Fairfield, CA. Administrative Law Judge John J. McCarrick issued his decision on June 3, 2014. Charges filed by Automotive Machinists Local Lodge No. 1173, District Lodge 190, International Association of Machinists and Aerospace Workers, AFL-CIO.
Flyte Tyme Worldwide (04-CA-115437; JD-31-14) Mahwah, NJ. Administrative Law Judge Robert A. Giannasi issued his decision on June 3, 2014. Charge filed by an individual.
Professional Electrical Contractors of Connecticut, Inc. (34-CA-071532; JD(NY)-25-14) Plainville, CT. Administrative Law Judge Raymond P. Green issued his decision on June 4, 2014. Charge filed by International Brotherhood of Electrical Workers, Local Union No. 35.
Rem Transportation Services, LLC, d/b/a Ambrose Auto & Autotrans Katayenko (01-CA-112724; JD(NY)-26-14) Bedford, MA. Administrative Law Judge Joel P. Biblowitz issued his decision on June 4, 2014. Charge filed by an individual.
Brinker International Payroll Company LP, a limited partnership (27-CA-110765; JD(NY)-27-14) Denver, CO. Administrative Law Judge Lauren Esposito issued her decision on June 4, 2014. Charge filed by The Sawaya & Miller Law Firm.
Kitsap Tenant Support Services, Inc. (19-CA-074715, et al.; JD(SF)-22-14) Bremerton and Port Angeles, WA. Administrative Law Judge Jay R. Pollack issued his decision on June 4, 2014. Charges filed by Washington Federation of State Employees, American Federation of State, County and Municipal Employees, Council 28, AFL-CIO.
Lou’s Transport Inc., and T.K.M.S., Inc., a Single Employer and/or Joint Employers (07-CA-102517 and 113640; JD-32-14) Pontiac, MI. Administrative Law Judge Paul Bogas issued his decision on June 5, 2014. Charges filed by individuals.
Central States Southeast and Southwest Areas, Health & Welfare and Pension Funds (13-CA-117018; JD-33-14) Chicago, IL. Administrative Law Judge Arthur J. Amchan issued his decision on June 5, 2014. Charge filed by Local 743, International Brotherhood of Teamsters.
Sun Cab, Inc. d/b/a Nellis Cab Company (28-CA-106245; JD(SF)-26-14) Las Vegas, NV. Administrative Law Judge Gerald M. Etchingham issued his decision on June 6, 2014. Charge filed by an individual.
PJ Cheese, Inc. (10-CA-113862; JD(ATL)-18-14) Birmingham, AL. Administrative Law Judge William Nelson Cates issued his decision on June 6, 2014. Charge filed by an individual.
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