Summary of NLRB Decisions for Week of March 23 - 27, 2020
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
Coral Reef Operating Systems, LLC d/b/a Coral Reef Nursing and Rehabilitation Center, LLC (12-CA-238299; 369 NLRB No. 47) Miami, FL, March 25, 2020.
In the absence of exceptions to the finding of a violation, the Board adopted the Administrative Law Judge’s conclusion that the Respondent violated Section 8(a)(5) and (1) by refusing to execute a collective-bargaining agreement the parties had reached. However, the Board made certain remedial modifications to the judge’s decision.
Charge filed by 1199 SEIU United Healthcare Workers East. Administrative Law Judge Donna N. Dawson issued her decision on November 1, 2019. Chairman Ring and Members Kaplan and Emanuel participated.
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KIPP Academy Charter School (02-RD-191760; 369 NLRB No. 48) New York, NY, March 25, 2020.
On February 4, 2019, the Board granted the Union’s Request for Review with respect to whether the Board should exercise its discretion to decline jurisdiction over charter schools as a class under Section 14(c)(1), and, therefore, modify or overrule Hyde Leadership Charter School—Brooklyn, 364 NLRB No. 88 (2016), and Pennsylvania Virtual Charter School, 364 NLRB No. 87 (2016). Upon review, the Board determined not to exercise its discretion to decline jurisdiction over charter schools as a class under Section 14(c)(1) in this case and affirmed the Regional Director’s Decision and Direction of Election in which he found that the Employer was not exempt from the Act’s jurisdiction as a political subdivision under Section 2(2) of the Act. The Board remanded the case to the Regional Director for further appropriate action.
Petitioner—two individuals. Union—United Federation of Teachers, Local 2 AFT, AFL-CIO. Chairman Ring and Members Kaplan and Emanuel participated.
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Dynamic Nursing Services, Inc. (31-CA-193325; 369 NLRB No. 49) Sherman Oaks, CA, March 27, 2020.
The Board, applying Prime Healthcare Paradise Valley, LLC, 368 NLRB No. 10 (2019), concluded that the Respondent violated Section 8(a)(1) by maintaining a mandatory arbitration agreement that, when reasonably interpreted, interferes with employees’ access to the Board and its processes. The Board rejected the Respondent’s defense that the allegation was barred by Section 10(b) because the Respondent had stipulated that it maintained the agreement during the 6-month period prior to the filing of the initial charge.
Charge filed by an individual. Chairman Ring and Members Kaplan and Emanuel participated.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
Aptim Federal Services, LLC, a Managing Partner of HDSS, LLC (31-RC-242329) Irwin, CA, March 25, 2020. The Board denied the Employer’s Request for Review of the Regional Director’s Decision and Direction of Election in a bargaining unit containing battalion chief and fire prevention chief job classifications as it raised no substantial issues warranting review. Petitioner—International Brotherhood of Teamsters Local Union 822. Chairman Ring and Members Kaplan and Emanuel participated.
Randalls Food and Drug, L.P. (16-RC-242776) Roanoke, TX, March 26, 2020. The Board denied the Employer’s Request for Review of the Regional Director’s Decision and Certification of Representative as it raised no substantial issues warranting review. The Regional Director had overruled the Employer’s objections alleging improper electioneering, late opening of the polls, and improper solicitation/collection/distribution of donations for a co-worker. Petitioner—International Brotherhood of Teamsters, Local 745. Chairman Ring and Members Kaplan and Emanuel participated.
Jamaica Hospital Medical Center (29-RC-253629) Jamaica, NY, March 26, 2020. 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. The Regional Director had found a residual unit of “plant supervisors” appropriate under St. Mary’s Duluth Clinic Health System, 332 NLRB 1419 (2000). The Board also denied the Employer’s request for extraordinary relief. Petitioner—International Union of Operating Engineers, Local 30. Intervenor—1199 SEIU United Healthcare Workers East. Chairman Ring and Members Kaplan and Emanuel participated.
C Cases
Chinchilla Theatrical Scenic, LLC (22-CA-200613) Scottsdale, Arizona, March 24, 2020. The Board denied the Petitioner’s Petition to Revoke an investigative subpoena duces tecum and subpoena ad testificandum, as the subpoenas sought information relevant to matters under investigation and described with sufficient particularity the evidence sought, and the Petitioner failed to establish any other legal basis for revoking the subpoenas. Charge filed by International Alliance of Theatrical and Stage Employees, Local 8. Chairman Ring and Members Kaplan and Emanuel participated.
Marciano Art Foundation (31-CA-251501) Los Angeles, CA, March 25, 2020. The Board denied the Employer’s Petition to Revoke an investigative subpoena duces tecum, as the subpoena sought information relevant to the matter under investigation and described with sufficient particularity the evidence sought, and the Employer failed to establish any other legal basis for revoking the subpoena. Charge filed by American Federation of State, County, and Municipal Employees, District Council 36. Chairman Ring and Members Kaplan and Emanuel 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
Local 147, Laborers’ International Union of North America (Northeast Remsco Construction, Inc.) (02-CB-231600; JD(NY)-03-20) New York, NY. Administrative Law Judge Lauren Esposito issued her decision on March 25, 2020. Charge filed by an individual.
Ground Zero Foundation d/b/a Academy for Creative Enrichment (04-CA-245956; JD-13-20) Bear, DE. Administrative Law Judge Robert A. Giannasi issued his decision on March 25, 2020. Charge filed by an individual.
The Ohio Bell Telephone Company (09-CA-233901; JD-14-20) Cleveland, OH. Administrative Law Judge Christine E. Dibble issued her decision on March 26, 2020. Charge filed by an individual.
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