Summary of NLRB Decisions for Week of June 5 - 9, 2023
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
CVS Pharmacy (21-CA-283397 and 21-RC-281619; 372 NLRB No. 91) Orange, CA, June 8, 2023.
The Board adopted the Administrative Law Judge’s conclusions that the Respondent violated Section 8(a)(1) and engaged in objectionable conduct when, as part of a nationwide salary increase, it granted significantly higher wage increases to employees engaged in an organizing campaign at its Orange, CA store. The Board agreed with the judge that the Respondent’s nationwide salary increase was unrelated to any union activity. However, the Respondent retained control over the timing and announcement of higher “union rate” raises and could not show that its decisions were governed by factors other than the Union’s organizing campaign. The Board additionally found this conduct objectionable and affirmed the judge’s conclusion that the Respondent’s election observer engaged in objectionable conduct by his remarks to an employee waiting in line to vote. The Board dismissed the Charging Party’s cross-exceptions seeking additional sanctions for failing to respond to the General Counsel’s subpoenas, finding that the judge did not abuse his discretion in declining to do so. Finally, the Board declined to affirm some of the judge’s proposed extraordinary remedies because the judge failed to explain why the Board’s traditional remedies were insufficient.
Charge filed by United Food and Commercial Workers, Local 324, International Union, AFL-CIO. Administrative Law Judge Dickie Montemayor issued his decision on August 26, 2022. Chairman McFerran and Members Wilcox and Prouty participated.
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Columbus Electric Cooperative, Inc. (28-CA-285046; 372 NLRB No. 89) Deming, NM, June 8, 2023.
The Board adopted the Administrative Law Judge’s conclusions that the Respondent violated Section 8(a)(5) and (1) by engaging in overall bad-faith bargaining and by failing and refusing to furnish the Union with requested relevant and necessary information. The Board amended the judge’s recommended remedy to make any affected employee negotiators whole for their hours spent negotiating with the Respondent and ordered a 12-month extension of the Union’s certification year pursuant to Mar-Jac Poultry Co., 136 NLRB 785 (1962).
Charge filed by International Brotherhood of Electrical Workers, Local 611, AFL-CIO. Administrative Law Judge Jeffrey D. Wedekind issued his decision on September 19, 2022. Chairman McFerran and Members Wilcox and Prouty participated.
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Constellis, LLC d/b/a Academi Training Center, LLC (05-CA-278218; 372 NLRB No. 81) Upper Marlboro, MD, June 9, 2023. Errata to the May 3, 2023 decision. Errata Amended Decision
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Titan Health, LLC d/b/a Tweedleaf (27-CA-277309; 372 NLRB No. 96) Colorado Springs, CO, June 9, 2023.
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)(4), (3), and (1) by disciplining then discharging an employee for union/protected concerted activities and for attending a Board proceeding and violated Section 8(a)(1) by creating the impression of surveillance; making numerous threats and coercive statements; interrogating employees; soliciting grievances; and promising improved working conditions.
Charge filed by United Food and Commercial Workers, Local 7. Members Kaplan, Wilcox, and Prouty participated.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
River North Transit, LLC and HA Transportation Services, LLC (05-RC-300083) Norfolk, VA, June 8, 2023. The Board denied the Joint Employers’ Request for Review of the Regional Director’s overruling without a hearing of Objections 2 and 5. In denying review of the Joint Employers’ objection alleging that the Petitioner engaged in objectionable conduct by recording employees, the Board relied on the Joint Employers’ failure in its offer of proof to “point to specific events and specific people.” It also noted that the Joint Employers failed to assert that the employees were recorded without a valid explanation from the Union, a key component of the legal standard in Randell Warehouse of Arizona, 347 NLRB 591 (2006). Petitioner—Amalgamated Transit Union, Local 1177 a/w Amalgamated Transit Union AFL-CIO/CLC. Members Kaplan, Wilcox, and Prouty participated.
C Cases
Tesla, Inc. (12-CA-293359) Orlando, FL, June 6, 2023. No exceptions having been filed to the April 25, 2023 decision of Administrative Law Judge Michael A. Rosas’ 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.
Dill Pickle Food Co-Op (13-CA-288925, et al.) Chicago, IL, June 6, 2023. No exceptions having been filed to the April 6, 2023 decision of Administrative Law Judge Arthur J. Amchan’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. Charges filed by Industrial Workers of the World, Greater Chicago Organizing Committee.
Nefarious Movie, LLC (14-CA-287219) Oklahoma City, OK, June 6, 2023. No exceptions having been filed to the March 24, 2023 decision of Administrative Law Judge Robert A. Ringler’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 International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, its Territories and Canada (IATSE).
Greenleaf Compassionate Care Center, Inc. (01-CA-287148) Portsmouth, RI, June 8, 2023. In this case alleging Section 8(a)(1), (3), (4), and (5) violations, the Board approved a formal settlement stipulation between the Respondent and the General Counsel, and specified actions the Respondent must take to comply with the Act. Charge filed by United Food and Commercial Workers International Union, Local 328. Members Kaplan, Wilcox, 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
No ALJ Decisions Issued.
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