Summary of NLRB Decisions for Week of March 13 - 17, 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
Steward Health Care System, LLC (01-CA-287904; 372 NLRB No. 63) Dorchester, MA, March 13, 2023.
The Board granted the General Counsel’s Motion for a Default Judgment based on the Respondent’s noncompliance with the provisions of the parties’ informal settlement agreement. The case alleges that the Respondent violated Section 8(a)(5) and (1) by failing to meet and bargain in good faith with the Union concerning the terms and conditions of a newly created unit position. The Board ordered the Respondent to comply with the unmet provisions of the settlement agreement.
Charge filed by Area Trades Council. Chairman McFerran and Members Wilcox and Prouty participated.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
LLU-Health Ed Consortium (31-RC-312064) Loma Linda, CA, March 13, 2023. The Board denied the Employer’s Request for Expedited Review of the Regional Director’s Denial of Motion to Bifurcate Jurisdictional Determination and Stay All Other Proceedings as it raised no substantial issues warranting review. The Board also denied the Employer’s request for extraordinary relief as moot. Petitioner—Union of American Physicians & Dentists (UAPD). Chairman McFerran and Members Kaplan and Prouty participated.
Sebert Landscaping Company (13-RC-295213) Bartlett, IL, March 16, 2023. The Board denied the Employer’s Request for Review of the Regional Director’s Decision and Certification of Representative as it raised no substantive issues warranting review. Petitioner—International Union of Operating Engineers, Local 150, AFL-CIO. Chairman McFerran and Members Kaplan and Prouty participated.
President and Trustees of Bates College (01-RC-284384) Lewiston, ME, March 17, 2023. The Board granted the Petitioner’s Motion to Open and Count Ballots and remanded the case for further proceedings. In granting the motion, the Board explained that, pursuant to the rules then in effect, the ballots had been automatically impounded due to the pendency (and then grant) of a Request for Review; that the automatic impoundment provision was subsequently found contrary to Section 3(b) of the Act in AFL-CIO v. NLRB, 57 F.4th 1023 (D.C. Cir. 2023); and that consistent with the Court’s decision the Board had recently published a Final Rule repealing the automatic impoundment provision. Based on these developments, the Board stated that it saw no basis for continuing to impound the ballots in this case and found that it would best effectuate the purposes of the Act to grant the Petitioner’s motion. Member Kaplan noted that, as discussed in his dissent to the Final Rule, he agreed with Judge Rao’s dissent in AFL-CIO v. NLRB (which would have upheld the automatic impoundment provision). Petitioner—Maine Service Employees Association, SEIU Local 1989. Chairman McFerran and Members Kaplan and Prouty participated.
C Cases
Kroger Texas L.P. (15-CA-273905, et al.) Lake Charles, LA, March 13, 2023. The Board denied the Respondent’s Motion to Dismiss the consolidated complaint. The Board found that the Respondent failed to demonstrate that the complaint fails to state a claim upon which relief can be granted and that it is entitled to judgment as a matter of law. The Board further found that the Respondent failed to present any other valid reason for dismissing the complaint. The denial was without prejudice to the Respondent’s right to renew its arguments at appropriate times during further proceedings. Charges filed by United Food and Commercial Workers Local Union No. 455, AFL-CIO. Chairman McFerran and Members Wilcox and Prouty participated.
Kroger Limited Partnership I, d/b/a Kroger Delta Division (15-CA-280676) Little Rock, AR, March 13,2023. The Board denied the Respondent’s Motion to Dismiss the complaint. The Board found that the Respondent failed to demonstrate that the complaint fails to state a claim upon which relief can be granted and that it is entitled to judgment as a matter of law. The Board further found that the Respondent failed to present any other valid reason for dismissing the complaint. The denial was without prejudice to the Respondent’s right to renew its arguments at appropriate times during further proceedings. Charge filed by United Food and Commercial Workers Union, Local 2008. Chairman McFerran and Members Wilcox and Prouty participated.
Dolgen LLC, d/b/a Dollar General (01-CA-284330, et al.) Barkhamsted, CT, March 14, 2023. The Board denied without prejudice the General Counsel’s Request for Special Permission to Appeal the Deputy Chief Administrative Law Judge’s ruling prospectively limiting testimony to that which is relevant to the specific store location at issue in this proceeding. The Board found that the General Counsel failed to establish that the judge’s rulings could not be appropriately addressed at a later stage of the proceeding. Charges filed by United Food and Commercial Workers International Union, Local 371, AFL-CIO. Chairman McFerran and Members Kaplan and Prouty participated.
Alaris Health at Boulevard East (22-CA-268083) Union City, NJ, March 16, 2023. The Board denied the Respondent’s Motion for Reconsideration of the Board’s Decision and Order reported at 372 NLRB No. 6 (2022). The Board found that the Respondent had not identified any material error or demonstrated extraordinary circumstances warranting reconsideration. In so ruling, the Board rejected the Respondent’s argument that it was denied due process when the Board granted the General Counsel’s Motion for Partial Summary Judgment on the compliance specification’s allegations about amounts owed to unit employees affected by the Respondent’s unlawful unilateral changes. Charge filed by SEIU Local 1199 United Healthcare Workers East. Chairman McFerran and Members Kaplan 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
Exxon Mobil Corporation and its subsidiaries Exxon Mobil Refining and Supply Company, Exxonmobil Fuels & Lubricants Company, and Exxonmobil Chemical Company (15-CA-273708 and 16-CA-274431; JD-20-23) Baton Rouge, LA. Administrative Law Judge Christal J. Key issued her decision on March 13, 2023. Charges filed by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO-CLC. Errata to March 13, 2023 decision issued on March 15, 2023. Errata Amended Decision.
Fortune Media (USA) Corporation (02-CA-274171, et al.; JD(NY)-04-23) New York, NY. Administrative Law Judge Benjamin W. Green issued his decision on March 13, 2023. Charges filed by Newsguild of New York, Local 31003, TNG, CWA, AFL-CIO.
Poor Boy Woodworks, Inc. (07-CA-297220; JD-21-23) Saginaw, MI. Administrative Law Judge Michael A. Rosas issued his decision on March 13, 2023. Charge filed by an individual.
United Parcel Service, Inc. (04-CA-288107; JD-11-23) Lawnside, NJ. Administrative Law Judge Robert A. Giannasi issued his decision on March 16, 2023. Charge filed by an individual.
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