Summary of NLRB Decisions for Week of March 11 - 15, 2024

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

Flatline Construction, LLC  (27-CA-317078; 373 NLRB No. 35)  Middleton, ID, March 13, 2024.

The Board granted the General Counsel’s Motion for Default Judgment on the basis that the Respondent failed to file an answer to the complaint.  The Board found that the Respondent violated Section 8(a)(1) by promulgating a rule prohibiting employees from discussing wages, informing employees that they were prohibited from discussing wages with each other and the Respondent’s owner, informing employees that they would not receive raises and could leave if they did not like it, informing employees that they were being discharged for discussing wages with each other, and discharging an employee because he did so.

Charge filed by an individual.  Members Kaplan, Prouty, and Wilcox participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Starbucks Corporation  (12-RD-320278)  Tallahassee, FL, March 12, 2024.  The Board denied the Employer's Request for Review of the Regional Director's Decision and Order Dismissing Petition as it raised no substantial issues warranting review.  Union—Workers United a/w Service Employees International Union.  Chairman McFerran and Members Prouty and Wilcox participated.

Alante Security Group, Inc.  (29-RC-335614)  Jamaica, NY, March 12, 2024.  The Board granted the Party in Interest’s Request for Review of the Regional Director’s Order Denying Motion to Intervene, as it raised substantial issues warranting review.  The Regional Director had denied the motion to intervene based on The University of Chicago, 272 NLRB 873 (1984).  The Board also granted the Party in Interest’s request to stay the election.  Petitioner—United Federation LEOS-PBA. Intervenor—International Union, Security, Police and Fire Professionals of America (SPFPA).  Party-in-Interest—Local 32BJ, Service Employees International Union.  Chairman McFerran and Members Prouty and Wilcox participated.

Starbucks Corporation  (03-RD-328126)  Depew, NY, March 12, 2024.  The Board denied the Petitioner’s and Employer’s Requests for Review of the Regional Director’s Decision and Order Dismissing Petition as they raised no substantial issues warranting review.  Petitioner—an individual.  Union—Starbucks Workers United.  Chairman McFerran and Members Prouty and Wilcox participated. 

Tri Family, LLC, d/b/a Hand & Stone Massage  (12-RC-320201)  Gainesville, FL, March 15, 2024.  The Board denied the Petitioner’s Request for Review of the Acting Regional Director’s Decision and Order Overruling Objections, Order Directing Hearing, and Notice of Hearing, finding that it raised no substantial issues warranting review.  Petitioner—United Food and Commercial Workers International Union, Local 1625, AFL-CIO. Chairman McFerran and Members Prouty and Wilcox participated.

C Cases

Space Exploration Technologies Corp.  (31-CA-307446, et al.)  Hawthorne, CA, March 8, 2024.  The Board denied the Respondent’s Motion to Dismiss the complaint.  The Board found that the Respondent had not established that the Board lacks jurisdiction over the allegations in the consolidated complaint.  The denial was without prejudice to the Respondent’s right to renew its request to dismiss the complaint for lack of jurisdiction and/or to refer the matter to the National Mediation Board (NMB) on any exceptions that may be filed to the Administrative Law Judge’s decision, after development of a factual record at the hearing.  Member Kaplan noted that he would grant the Respondent’s motion insofar as he would refer the matter to the NMB for an advisory opinion regarding jurisdiction.  Charges filed by individuals.  Members Kaplan, Prouty, and Wilcox 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

Starbucks Corporation  (01-CA-299987, et al.; JD-14-24)  Biddeford, ME and Brookline, MA.  Administrative Law Judge Charles J. Muhl issued his decision on March 14, 2024. Charges filed by Workers United Labor Union International, a/w Service Employees International Union.

ExxonMobil Global Services Company  (16-CA-269606; JD-15-24)  Spring, TX.  Administrative Law Judge Michael A. Rosas issued his decision on March 15, 2024.  Charge filed by an individual.

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