Summary of NLRB Decisions for Week of June 29 - July 3, 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
Covenant Care California, LLC (21-CA-090894; 369 NLRB No. 112) La Jolla, CA, June 29, 2020.
On remand from the Ninth Circuit Court, the Board, reversing its prior finding in Covenant Care California, LLC, 363 NLRB No. 80 (2015), dismissed the sole remaining complaint allegation that the Respondents violated Section 8(a)(1) by maintaining a rule that prohibited discussion of terms and conditions of employment by requiring employees to keep information about arbitral proceedings confidential. The Board applied its recent decision in California Commerce Club, Inc., 369 NLRB No. 106 (2020), to find that the confidentiality provision at issue was governed by the Federal Arbitration Act, and, accordingly, that the Respondents’ maintenance of the provision did not violate the NLRA.
Charge filed by an individual. Administrative Law Judge Gerald A. Wacknov issued his decision on December 20, 2013. Chairman Ring and Members Kaplan and Emanuel participated.
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Southwest Regional Council of Carpenters (32-CD-251616; 369 NLRB No. 113) Reno, NV, June 30, 2020.
In this Section 10(k) jurisdictional dispute proceeding, the Board awarded the work in dispute to employees represented by the Southwest Regional Council of Carpenters, based on the factors of Board certifications and collective-bargaining agreements; employer preference, current assignment, and past practice; relative skills and training; and economy and efficiency of operations.
Charge filed by BrandSafway Services, LLC. Chairman Ring and Members Kaplan and Emanuel participated.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
Mountaire Farms, Inc. (05-RD-256888) Shelbyville, DE, June 29, 2020. The Board denied the Union’s Motion for Reconsideration of the Board’s Order lifting the stay of election. The Board found that the Union had not demonstrated extraordinary circumstances warranting reconsideration. 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.
AM/NS Calvert, LLC (15-RM-246203) Calvert, AL, June 30, 2020. The Board granted the Employer/Petitioner’s Request for Review of the Regional Director’s Order Directing Mail-Ballot Election. The Board stated that, although a Regional Director has the authority to revoke a stipulated election agreement for cause, and in other cases the Board has denied review of Regional Directors’ revocations of stipulated election agreements due to concerns relating to the COVID-19 pandemic present at the time those agreements were revoked, in this case the Regional Director did not revoke the agreement. Instead, she modified it by directing a mail-ballot in place of the agreed-upon manual election, which constitutes a material breach of the agreement under T & L Leasing, 318 NLRB 324 (1995). The Board therefore vacated the direction of a mail-ballot election and remanded the case for further appropriate action, noting that, in the event the Regional Director revokes the agreement, she shall issue a Notice of Hearing, but that the type of election to be held is a non-litigable matter. The Board denied the Employer/Petitioner’s Request to Stay the Election as moot. Union—United Steel, Paper & Forestry, Rubber, Manufacturing, Energy Allied Industrial & Service Workers International Union. Chairman Ring and Members Kaplan and Emanuel participated.
McLaren Macomb (07-RC-243228) Mt. Clemens, MI, July 2, 2020. The Board denied the Employer’s Request for Review of the Regional Director’s Decision and Certification of Representative, as it raised no substantial issues warranting review. Petitioner—Local 40, RN Staff Council, Office and Professional Employees International Union (OPEIU), AFL-CIO. Chairman Ring and Members Kaplan and Emanuel participated.
C Cases
Truck Drivers, Chauffeurs and Helpers, Local Union No. 100, a/w The International Brotherhood of Teamsters (Tea Shop Productions LLC d/b/a The Foundation) (09-CB-249487) Cincinnati, OH, June 30, 2020. The Board denied the Respondent’s Motion for Summary Judgment as the Respondent failed to establish that there are no genuine issues of material fact warranting a hearing and that it is entitled to judgment as a matter of law. Charge filed by an individual. Chairman Ring and Members Kaplan and Emanuel participated.
Genpak, LLC (15-CA-237525) Hope Hull, AL, June 30, 2020. The Board denied the Respondent’s Motion for Reconsideration of the Board’s denial of its Motion for Summary Judgment. The Board found that the Respondent had not identified any material error or demonstrated extraordinary circumstances warranting reconsideration. Charge filed by Retail, Wholesale and Department Store Union, Mid-South Council. 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
No ALJ Decisions Issued.
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