Summary of NLRB Decisions for Week of June 21 - 24, 2022

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

ADT, LLC d/b/a ADT Security Services  (03-CA-184936 and 03-CA-192545; 371 NLRB No. 110)  Rochester, NY, June 22, 2022.

On remand from the Second Circuit Court, the Board considered how to remedy the Respondent’s Section 8(a)(5) and (1) violation under the particular circumstances of the case.  The Court held that the contract coverage standard was rational and consistent with the Act, and concluded that the Respondent had violated Section 8(a)(5) and (1) under the contract coverage standard by failing to bargain with the Charging Party before unilaterally implementing six-day workweeks.  The Court remanded the case solely for the Board to provide an appropriate remedy.  Because the six-day workweeks had not been in effect since 2016 and successor agreements contained language clarifying the Respondent’s authority to implement scheduling changes, the Board found it unnecessary to order the Respondent to cease and desist from unilaterally imposing six-day workweeks, cease and desist from bargaining over the six-day workweeks, and rescind the six-day workweeks.  Instead, the Board ordered the Respondent to cease and desist from making unilateral changes to unit employees’ schedules unless authorized to do so under the relevant collective-bargaining agreement and to bargain before implementing any changes in wages, hours, or other terms and conditions of employment.

Charges filed by International Brotherhood of Electrical Workers, Local Union 43.  Members Kaplan, Ring, and Prouty participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

No Unpublished R Cases Issued.

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No Unpublished C Cases Issued.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

Stern Produce Company, Inc.  (28-CA-282577 and 28-CA-285540; JD(SF)-14-22)  Phoenix, AZ.  Administrative Law Judge Dickie Montemayor issued his decision on June 22, 2022.  Charges filed by United Food and Commercial Workers Union, Local 99.

Inland Waters Pollution Control, Inc.  (07-CA-277239 and 07-CA-279287; JD-37-22)  Detroit, MI.  Administrative Law Judge Andrew S. Gollin issued his decision on June 24, 2022.  Charges filed by individuals.

Freeport McMoRan Bagdad Inc.  (28-CA-257171; JD(SF)-15-22)  Bagdad, AZ.  Administrative Law Judge Amita Baman Tracy issued her decision on June 24, 2022.  Charge filed by an individual.

St. Anthony Community Hospital  (02-CA-278511; JD(NY)-08-22)  Warwick, NY.  Administrative Law Judge Benjamin W. Green issued his decision on June 24, 2022.  Charge filed by 1199 SEIU United Healthcare Workers East.

Central States, Southeast and Southwest Areas Health & Welfare and Pension Funds  (13-CA-277915; JD-38-22)  Chicago, IL.  Administrative Law Judge Sharon Levinson Steckler issued her decision on June 24, 2022.  Charge filed by Health Care Professional, Technical, Office, Warehouse and Mail Order Employees’ Union, Local 743, a/w the International Brotherhood of Teamsters.

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