Summary of NLRB Decisions for Week of March 11-15, 2013

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

Sub-Acute Rehabilitation Center at Kearny, LLC d/b/a Belgrove Post Acute Care Center  (22‑CA‑093626, 359 NLRB No. 77) Kearny, NJ, March 13, 2013.

This is a refusal-to-bargain case in which the respondent is contesting the union’s certification as bargaining representative in the underlying representation proceeding.  The union had requested verbally and by letter that the respondent recognize and bargain with it as the exclusive collective-bargaining representative of the unit.  The respondent failed and refused to recognize and bargain with the union.  The Board found this failure and refusal constituted an unlawful failure and refusal to recognize and bargain with the union in violation of the Act.

Charge filed by District 1199J NUHHCE, AFSCME, AFL-CIO.  Chairman Pearce and Members Griffin and Block participated.

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Stamford Hospitality, LP d/b/a Stamford Plaza Hotel and Conference Center, LP  (34‑CA‑092068, 359 NLRB No. 75) Stamford, CT, March 13, 2013.

Having found that the respondent had violated the Act, the Board ordered it to cease and desist, to bargain on request with the union and if an understanding was reached, to embody the understanding in a signed agreement.  

Charge filed by United Food and Commercial Workers Union, Local 371.  Chairman Pearce and Members Griffin and Block participated.

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Starrs Group Home, Inc.  (05-CA-036537, 359 NLRB No. 79) Parkville, MD, March 14, 2013.

The Acting General Counsel sought a default judgment in this case on the ground that the respondent failed to file an answer to the compliance specifications.  The Board issued a decision and order that, among other things, ordered the respondent to make whole the discriminate for any loss of earnings and other benefits resulting from an unlawful discharge in violation of the Act.

Charge filed by an individual.  Chairman Pearce and Members Griffin and Block participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Multiband EC, Inc.  (25-UD-079779) New Hope, IN, March 12. 2013.  The Board considered objections to a deauthorization election conducted by mail ballot and exceptions to the hearing officer’s report recommending disposition of them and certified the results of the election.  As the Board agreed with the hearing officer that there was insufficient evidence to establish that the employer changed its policy regarding union access, it found it unnecessary to rely on the hearing officer’s additional finding that any change in the policy was not “material, significant, and substantial.”  Petitioner – an individual.  Chairman Pearce and Members Griffin and Block participated.

Northwestern Corporation d/b/a Northwestern Energy  (19-RC-095978) Butte, MT, March 11, 2013.  The Board denied the employer’s request for review of the Regional Director’s decision and direction of election ordering a self-determination election for the employer’s warehouse employees in five locations.  Petitioner – International Brotherhood of Electrical Workers, Local 44, AFL-CIO.  Chairman Pearce and Members Griffin and Block participated.

Gaylord National Resort and Convention Center  (05-RC-097275) National Harbor, MD, March 12, 2013.  Order denying without prejudice the Service Employees International Union, Local 32BL’s request for special permission to appeal the Regional Director’s denial of its motion to intervene.  Petitioner – National Union of Protective Services Associations.  Chairman Pearce and Members Griffin and Block participated. 

FJC Security Services, Inc. d/b/a Covenant Security FJC Security  (29-RC-011999) Jamaica, NY, March 13, 2013.  The Board order determined that although Party-In-Interest Service Employees International Union, Local 32BJ’s (Local 32BJ’s) requests for review of the Regional Director’s decision and direction of election and the Acting Regional Director’s supplemental decision raise several issues, including whether to reconsider precedent, the proceedings would be remanded to the Regional Director to open and count the ballots, to serve on the parties a tally of ballots, and to take further appropriate action.  If neither the petitioner nor intervenor receive a majority of the votes cast in the election, it may not be necessary to address the issues raised in Local 32BJ’s requests for review.  Conversely, if either the petitioner or intervenor receives a majority of the votes cast, Local 32BJ may renew its contentions before the Board.  Petitioner – Special and Superior Officers Benevolent Association.  Chairman Pearce and Members Griffin and Block participated.

Touchette Regional Hospital  (14-RC-096744, et al.) Centreville, IL, March 12, 2013.  Order denying the employer’s request for review of the Regional Director’s decision and direction of election.  Petitioner – SEIU Healthcare Illinois & Indiana.  Chairman Pearce and Member Griffin and Block participated.

C Cases

Michels Corporation  (30-CA-081206) Brownsville, WI, March 11, 2013.  Order denying Regional Director’s request to publish the Board’s order in this case.  Charge filed by International Union of Operating Engineers, Local 139, AFL-CIO.

CNN America, Inc. and Team Video Services, LLC  (05-CA-031828, et al.) Washington, DC, March 11, 2013.  Order denying the respondent’s motion for leave to amend its exceptions.  Charges filed by NABET-CWA, Local 31.

800 River Road Operating Company LLC, d/b/a Woodcrest Health Care Center  (22‑CA‑097938) New Milford, NJ, March 13, 2013.  Order transferring proceeding to the Board and notice to show cause why the Acting General Counsel’s motion should not be granted.  Charge filed by 1199 SEIU United Healthcare Workers East.

Sanderson Farms, Incorporated  (15-CA-089244) Collins, MS, March 13, 2013.  Order denying the petition and first amended petition to revoke subpoena duces tecum.  Charge filed by an individual.  Chairman Pearce and Members Griffin and Block participated.

Garda CL Great Lakes, Inc.  (13-CA-081079) Broadview, IL, March 13, 2013.  With no statement of exceptions having been filed, the Board adopted the findings and conclusions of the administrative law judge’s decision and dismissed the complaint.  Charge filed by United Armored Transporter of America. 

Bed, Bath & Beyond  (22-CA-080407) Port Reading, NJ, March 14, 2013.  Order granting the counsel for the Acting General Counsel’s request that this case be remanded to the Regional Director for the purpose of approving the settlement executed by the respondent and charging party.  Charge filed by an individual.

Boch Imports, Inc. d/b/a Boch Honda  (01-CA-071499, et al.) Norwood, MA.  With no statement of exceptions having been filed, the Board adopted the findings and conclusions of the administrative law judge’s decision and dismissed the complaint.  Charges filed by International Association of Machinists & Aerospace Workers, District Lodge 15, Local Lodge 447. 

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Appellate Court Decisions

No Appellate Court decisions regarding NLRB cases were issued this week.

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Administrative Law Judge Decisions

Aerotek, Inc.  (17-CA-071193, et al., JD-09-13) Omaha, NE.  Charges filed by International Brotherhood of Electrical Workers, Local 22, affiliated with the International Brotherhood of Electrical Workers, AFL-CIO.  Administrative Law Judge Arthur J. Amchan issued his decision on March 11, 2013.

International Brotherhood of Electrical Workers, Local 98  (04-CC-090196, JD-07-13) Newtown Square, PA.  Charge filed by an individual.  Administrative Law Judge Bruce D. Rosenstein issued his decision on March 11, 2013.

Pratt (Corrugated Logistics), LLC  (04-CA-079603, et al., JD-08-13) Macungie, PA.  Charges filed by Teamsters, Local 773.  Administrative Law Judge Robert A. Giannasi issued his decision on March 12, 2013.

Heartland Plymouth Court MI, LLC d/b/a Heartland Health Care Center-Plymouth Court  (07-CA-070626, JD-10-13) Plymouth, MI.  Charge filed by SEIU Healthcare Michigan.  Administrative Law Judge Ira Sandron issued his decision on March 12, 2013.

Cincinnati Bell Telephone Company, LLC  (09-CA-088578, JD-12-13) Cincinnati, OH.  Charge filed by Communications Workers of America, Local 4400, AFL-CIO/CLC.  Administrative Law Judge Arthur J. Amchan issued his decision on March 13, 2013.

Kings Material Handling Corp.  (29-CA-083190, JD(NY)-13-13) Brooklyn, NY.  Charge filed by International Brotherhood of Teamsters, Local 1205.  Administrative Law Judge Kenneth W. Chu issued his decision on March 14, 2013.

Columbia College Chicago  (13-CA-073486, et al., JD-13-13) Chicago, IL.  Charges filed by Part-Time Faculty Association at Columbia College.  Administrative Law Judge Geoffrey Carter issued his decision on March 15, 2013.

District Council 91, International Union of Painters and Allied Trades, AFL-CIO and its affiliated International Union of Painters and Allied Trades Northwest Indiana, Local 460  (13‑CB‑082856, JD-14-13) Whiting, IN.  Charge filed by an individual.  Administrative Law Judge David I. Goldman issued his decision on March 15, 2013.

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