Summary of NLRB Decisions for Week of March 18 - 22, 2019
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
Wynn Las Vegas, LLC and Nfinite Entertainment, Inc. (28-CA-210838 and 28-CA-212152; 367 NLRB No. 107) Las Vegas, NV, March 19, 2019.
The Board granted the General Counsel’s Motion for Default Judgment based on the Respondent Nfinite Entertainment, Inc.’s failure to file an answer to the complaint. The Board found that the Respondent Nfinite violated Section 8(a)(1) by threatening to cease dispatching employees to jobs because they engaged in protected concerted activities and by temporarily and later permanently ceasing to dispatch an employee to Respondent Wynn’s facility because he engaged in protected concerted activities and to discourage other employees from engaging in these or other concerted activities. However, the Board denied the General Counsel’s Motion regarding certain allegations against Respondent Nfinite which implicated allegations against Respondent Wynn, who had filed a timely answer and against whom the General Counsel did not seek default judgment. In ordering the appropriate relief, the Board left to compliance certain remedial matters to the extent that they would be resolved by the litigation against Respondent Wynn.
Charges filed by an individual. Chairman Ring and Members McFerran and Kaplan participated.
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Art Iron Inc. (08-CA-219427; 367 NLRB No. 108) Toledo, OH, March 21, 2019.
The Board granted the General Counsel’s Motion for Default Judgment based on the Respondent’s failure to file an answer to the complaint and to respond to the Board’s Notice to Show Cause. The Board found that the Respondent violated Section 8(a)(5) and (1) by failing and refusing to bargain over the effects of its decision to lay off unit employees, cease operations, and restructure its business and by failing and refusing to provide relevant information that the Union requested.
Charge filed by International Association of Bridge, Structural, Ornamental & Reinforcing Iron Workers, AFL-CIO, Local 55-S. Chairman Ring and Members McFerran and Emanuel participated.
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Entergy Mississippi, Inc. (15-CA-017213, et al.; 367 NLRB No. 109) Jackson, MS, March 21, 2019.
On remand from the Fifth Circuit Court, the Board considered whether the Respondent’s dispatchers possess the authority to assign field employees to places using independent judgment within the meaning of Oakwood Healthcare, Inc., 348 NLRB 686 (2006). Accepting the Court’s decision as the law of the case, the Board found that it was undisputed that the dispatchers assigned employees to places by prioritizing multiple outages and deciding how many employees to send to repair the outages. The Board also found that these decisions involved independent judgment, insofar as dispatchers considered a range of factors when prioritizing outages (including the priority of the customer affected, location of outages, whether additional “trouble” is likely to occur, current and future weather conditions, and whether a particular outage is likely to cause damage to the Respondent’s property). The Board emphasized that there were no standard operating procedures or rules for dispatchers to follow when prioritizing outages, but instead relied on their training and knowledge to best respond to outages. Given the terms of the Court’s remand, the Board rejected the Unions’ argument that finding supervisory status was precluded insofar as the dispatchers did not assess the skills of individual field employees and match them to specific repair jobs. Accordingly, the Board dismissed the complaint, reopened the unit clarification case, and granted the Petition to Clarify the unit to exclude the dispatchers.
Charges filed by International Brotherhood of Electrical Workers, Local 605 and 985, AFL-CIO. Chairman Ring and Members Kaplan and Emanuel participated.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
Allied Universal Security Services and its affiliates (02-RC-228532) Conshohocken, PA, March 20, 2019. The Board denied the Petitioner’s Request for Review of the Regional Director’s Decision and Order, as it raised no substantial issues warranting review. The Regional Director found that there were no compelling circumstances which warranted disturbing the existing multi-location bargaining unit. Petitioner—National League of Justice and Security Professionals. Party of Interest—Service Employees International Union, Local 32BJ. Chairman Ring and Members McFerran and Kaplan participated.
St. Luke’s Hospital (01-RC-230363) New Bedford, MA, March 20, 2019. The Board denied the Employer’s Request for Stay of Certification. Chairman Ring and Member Kaplan expressed no view with respect to the revisions made to the Board’s Election Rule, but agreed that it applied here and warranted denial of the motion. Petitioner—Massachusetts Nurses Association. Chairman Ring and Members McFerran and Kaplan participated.
C Cases
La Jomac Group, Inc., Jag Premier, Inc., Data Processing Specialists, Inc., Guro Enterprises, LLC and Bollinger Shipyards, Inc., Joint Employers (15-CA-137333 and 15-CA-137337) Houma, New Orleans, and Lockport, LA; Brownsville, TX, March 20, 2019. The Board denied the Respondent’s Motion to Dismiss Complaint, finding that 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 McFerran and Kaplan participated.
MSG Arena, LLC (02-CA-216576) New York, NY, March 22, 2019. The Board denied the Respondent’s Motion for Summary Judgment, finding that 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. In view of the denial of the Motion for Summary Judgment, the Board found it unnecessary to pass on the General Counsel’s Motion to Strike the attachments to the Respondent’s motion. Charge filed by Local 100, UNITE HERE. Chairman Ring and Members McFerran and Kaplan 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
Amnesty International of the USA, Inc. (05-CA-221952; JD-29-19) Washington, DC. Administrative Law Judge Michael A. Rosas issued his decision on March 18, 2019. Charge filed by an individual.
Spartan Products, LLC, a wholly owned subsidiary of U.S. Concrete, Inc. (12-CA-192417; JD-28-19) Christiansted, St. Croix, USVI. Administrative Law Judge Elizabeth M. Tafe issued her decision on March 19, 2019. Charge filed by International Association of Machinists and Aerospace Workers, AFL-CIO.
GC Services Limited Partnership, a limited partnership, and GC Financial Corp., general partner (28-CA-166389; JD(SF)-09-19) Tucson, AZ. Administrative Law Judge Eleanor Laws issued her decision on March 19, 2019. Charge filed by an individual.
Twin America, LLC, City Sights NY, LLC, and Gray Line New York Tours, Inc., as a single employer, and JAD Transportation, Inc., as joint employers (02-CA-190704, et al.; JD(NY)-04-19) New York, NY. Administrative Law Judge Jeffrey P. Gardner issued his decision on March 20, 2019. Charges filed by individuals.
United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO (PPF), Local 502 (Ward Engineering Co., Inc.) (09-CB-205891; JD-31-19) Louisville, KY. Administrative Law Judge Melissa M. Olivero issued her decision on March 20, 2019. Charge filed by an individual.
Pfizer, Inc. (10-CA-175850 and 07-CA-176035; JD-30-19) Birmingham, AL. Administrative Law Judge Keltner W. Locke issued his decision on March 21, 2019. Charges filed by individuals.
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