Summary of NLRB Decisions for Week of March 18 -22, 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
Midwest Division—RMC, LLC, d/b/a Research Medical Center (14-CA-278811, et al.; 373 NLRB No. 36) Kansas City, MO, March 20, 2024.
The Board adopted the Administrative Law Judge’s conclusion that the Respondent violated Section 8(a)(5) and (1) by engaging in a series of unlawful actions towards the Service Employees International Union HCII, Missouri/Kansas Division (SEIU) after the tally of ballots from a decertification election showed that SEIU had lost a decertification election but prior to the Region’s certification of the election results, including withdrawing recognition from SEIU, refusing to bargain collectively with SEIU by failing and refusing to furnish it with requested information, and failing and refusing to continue in effect all the terms of its collective-bargaining agreement with SEIU, and violated Section 8(a)(1) by coercing employees by distributing flyers inaccurately notifying them that SEIU had been decertified and no longer represented them prior to the certification of the decertification election results. The Board also adopted the judge’s finding that the Respondent violated Section 8(a)(5) and (1) by refusing to bargain collectively with the National Nurses Organizing Committee – Missouri & Kansas/NNU, AFL-CIO (NNOC) by refusing to meet and bargain with NNOC’s designated representatives for processing grievances. In addition, the Board reversed the judge to find that the Respondent violated Section 8(a)(5) and (1) by failing and refusing to furnish responses to an additional SEIU information request because the judge should have ended her inquiry after correctly determining that the requested information was presumptively relevant, instead of improperly deciding a procedural timeliness issue, which should have been reserved for an arbitrator.
Charges filed by NNOC—Missouri & Kansas/NNU, AFL–CIO and Service Employees International Union HCII, Missouri/Kansas Division. Administrative Law Judge Christine E. Dibble issued her decision on May 16, 2023. Members Kaplan, Prouty, and Wilcox participated.
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Jones Lang Lasalle Americas, Inc. (20-CA-328308; 373 NLRB No. 37) San Francisco, CA, March 21, 2024.
The Board granted the General Counsel’s Motion for Summary Judgment in this test-of-certification case on the ground that the Respondent failed to raise any issues that were not, or could not have been, litigated in the underlying representation proceeding in which the Union was certified as the bargaining representative. The Board found that the Respondent violated Section 8(a)(5) and (1) by failing and refusing to recognize and bargain with the Union. The Board severed for further consideration the issue of whether the Board should adopt a compensatory, make whole remedy for the Respondent’s refusal to bargain.
Charge filed by International Union of Operating Engineers, Stationary Engineers, Local 39, AFL-CIO. Chairman McFerran and Members Kaplan and Prouty participated.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
Ascension Seton, d/b/a Ascension Seton Medical Center Austin (16-RC-329698) Austin, TX, March 21, 2024. The Board denied the Employer’s Request for Review of the Regional Director’s Decision and Direction of Election, as it raised no substantial issues warranting review. Petitioner—National Nurses Organizing Committee (NNOC)—Texas/National Nurses United (NNU). Chairman McFerran and Members Prouty and Wilcox participated.
C Cases
Reinhold Electric, Inc. (14-CA-313291) St. Louis, MO, March 20, 2024. The Board granted the Union’s unopposed motion requesting that the Board take administrative notice of a recently filed unfair labor practice charge and hold the Union’s previously filed special appeal in abeyance pending the results of the Region’s investigation of the aforementioned charge. Charge filed by International Brotherhood of Electrical Workers, Local 1. Chairman McFerran and Members Prouty and Wilcox participated.
United States Postal Service (07-CA-292942) Ann Arbor, MI, March 21, 2024. The Board denied the General Counsel’s Request for Special Permission to Appeal the Administrative Law Judge’s ruling that denied its motion to amend the complaint. The Board found that there was no need for interlocutory relief because the General Counsel’s motion was made shortly before the hearing was concluded and the record was closed but noted that its denial of permission to appeal was without prejudice to the General Counsel’s right to renew its objections before the Board on exceptions, if appropriate. Charge filed by National Association of Letter Carriers (NALC), AFL-CIO. Members Kaplan, Prouty, and Wilcox participated.
United States Postal Service (07-CA-299320, et al.) Colon, MI, March 22, 2024. The Board denied the General Counsel’s Request for Special Permission to Appeal the Administrative Law Judge’s evidentiary rulings that rejected several of the General Counsel’s exhibits. The Board found that there was no need for interlocutory relief because the hearing had concluded and the record was closed but noted that its denial of permission to appeal was without prejudice to the General Counsel’s right to renew its objections before the Board on exceptions, if appropriate. Charges filed by Southwest Michigan Area Local 143, American Postal Workers Union (APWU), AFL-CIO, Western Michigan Area Local 281, American Postal Workers Union (APWU), AFL-CIO and an individual. Chairman McFerran and Members Prouty and Wilcox participated.
The Growing Stage – Theatre for Young Audiences, Inc. (22-CA-286287) Netcong, NJ, March 22, 2024. The Board denied the Respondent’s Motion to Dismiss the Complaint, finding that the Respondent had not demonstrated 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. In addition, the Respondent failed to demonstrate that there are no genuine issues of material fact warranting a hearing and that it is entitled to judgment as a matter of law on the jurisdiction and timeliness issues raised in its motion. The denial was without prejudice to the Respondent’s right to raise its claim that the Board lacks jurisdiction and its defense under Section 10(b) of the Act at appropriate times during the proceeding. Charge filed by Actors Equity Association. Chairman McFerran and Members Prouty and Wilcox participated.
International Foundation for Electoral Systems (IFES) (05-CA-314152 and 05-CA-322080) Arlington, VA, March 22, 2024. The Board denied the Respondent’s Motions to Dismiss the Consolidated Complaint, finding that the Respondent had not demonstrated that the consolidated complaint failed to state a claim upon which relief could be granted and that it was entitled to judgment as a matter of law. Charges filed by Office and Professional Employees International Union Local 2, AFL-CIO a/w Office and Professional Employees International Union, AFL-CIO. Chairman McFerran and Members Prouty and Wilcox participated.
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Appellate Court Decisions
TK, LLC, Board Case No. 10-CA-267762 (reported at 372 NLRB No. 60) (11th Cir. decided March 22, 2024).
In an unpublished opinion, the Court enforced the Board’s order that issued against this business that conducts pipefitting fabrication and installation out of its facility in Jefferson, Georgia, for unfair labor practices committed after it was hired by an electric battery manufacturer to perform pipefitting work at a new manufacturing facility. In 2020, to help staff that work, the Employer signed a project labor agreement (PLA) to join an area-wide collective-bargaining agreement (CBA) between the Mechanical Contractors Association of Georgia and the Pipefitters Local 72, United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry, AFL–CIO.
The Board (Chairman McFerran and Members Kaplan and Prouty) found that the Employer agreed to be bound to the CBA by signing the PLA, and had otherwise adopted the CBA by its conduct. The Board concluded that, thereafter, the Employer violated Section 8(a)(5) and (1) when it terminated the PLA with the Union prior to its expiration, and took actions contrary to the CBA, including withdrawing recognition, discharging 5 union employees, and refusing to hire 13 other employees who were referred by the Union. Further, the Board found that the Employer violated Section 8(a)(3) and (1) by discharging or refusing to hire those 18 discriminatees because of their union membership or referral.
On review, the Court held that the Board’s findings were supported by substantial evidence and consistent with law. The Court recognized that “the core dispute” on appeal was whether the Employer, by entering the PLA, was bound to the terms of the CBA, which required participating employers to exclusively hire union workers. Rejecting the Employer’s contention that by signing the PLA it never agreed to be bound by the CBA, the Court agreed with the Board’s conclusion by applying ordinary principles of contract interpretation and assessing the credited record evidence to hold that the parties did reach the requisite “meeting of the minds,” and that thus the Employer was bound to the terms of the CBA. Further, the Court upheld the Board’s findings of discrimination, noting that conduct which discriminates solely on the basis of union status is so inherently destructive of employee interests that it may be deemed proscribed without need for proof of an underlying improper motive.
The Court’s opinion is here.
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Administrative Law Judge Decisions
Beatrice Loving Heart and Healthcare Agency (05-CA-301128; JD-17-24) Washington, DC. Administrative Law Judge Arthur J. Amchan issued his decision on March 21, 2024. Charge filed by an individual.
Kroger Limited Partnership, d/b/a Kroger Delta Division (15-CA-280676 and 15-CA-315052; JD-18-24) New Orleans, LA. Administrative Law Judge Sarah Karpinen issued her decision on March 21, 2024. Charges filed by United Food and Commercial Workers Local 2008.
The Boeing Company (19-CA-272489; JD(SF)-10-24) Renton, WA. Administrative Law Judge Gerald M. Etchingham issued his decision on March 22, 2024. Charge filed by Society of Professional Engineering Employees in Aerospace, a/w International Federation of Professional and Technical Engineers, Local 2001.
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