Summary of NLRB Decisions for Week of March 4 - 7, 2014

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 Public Affairs at Publicinfo@nlrb.gov or 202‑273‑1991.

Summarized Board Decisions

No Published Board Decisions Issued.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Signature Breads, Inc. (01-RC-111773)  Chelsea, MA, March 4, 2014.  Supplemental Order finding that the Employer’s Request for Special Permission to Appeal, and Appeal From, the Regional Director’s Determination to Re-Schedule Election on October 31, 2013, is now moot.  Previously, on October 31, 2013, the Board had granted the appeal, denied the appeal on the merits by a 3-2 vote, and stated that a decision would follow.  In the Supplemental Order, the Board observed that the tally of ballots showed 60 for and 92 against the Petitioner, with 1 void ballot and 2 challenged ballots.  The Board stated that in view of these developments, the Employer’s appeal is moot and no further decision will be issued by the Board.  Petitioner—United Food and Commercial Workers International Union, Local 1445, AFL-CIO.  Chairman Pearce, and Members Miscimarra, Hirozawa, Johnson, and Schiffer participated.

I.S.S. Action, Inc.  (15-RC-120239)  John C. Stennis Space Center, MS, March 5, 2014.  Order denying the Intervenor-Union’s Request for Review of the Regional Director’s Decision and Direction of Election on the ground that it does not raise any substantial issues regarding whether the Regional Director erred in finding that the collective-bargaining agreement did not bar the representation petition because it had conflicting termination dates.  In dissent, Member Hirozawa would find that the collective-bargaining agreement terminates on September 15, 2014, consistent with the agreement’s duration clause.  Accordingly, Member Hirozawa would grant review and find that the election petition filed January 9, 2014 was premature.   Petitioner—Gulf Coast Security Professionals Association.  Intervenor-Union—International Union, Security, Police, and Fire Professionals of America (SPFPA), Local 711.  Members Miscimarra, Hirozawa, and Johnson participated.

Culinary Academy of New York, Inc., d/b/a Star Career Academy  (02-RC-116075)  New York, NY, March 6, 2014.  No exceptions having been filed to the hearing officer’s overruling of objections to an election held December 12, 2013, the Board adopted the hearing officer’s report and certified Association of Staff and Teachers at Star New York State United Teachers (NYSUT) as the exclusive collective-bargaining representative of the employees in the appropriate unit.  Petitioner – Association of Staff and Teachers at Star New York State United Teacher (NYSUT).

C Cases

Post Commercial Real Estate, LLC, d/b/a Post Brothers Presidential City and Rittenhouse Hill Apartments  (04-CA-105691 and 105855)  Philadelphia, PA, March 4, 2014.  No exceptions having been filed to the Judge’s findings that Respondent had engaged in certain unfair labor practices, the Board adopted the judge’s findings and conclusions, and ordered the Respondent to take the action set forth in the judge’s recommended Order.  Charges filed by International Brotherhood of Electrical Workers, Local Union #98.  Administrative Law Judge Joel P. Biblowitz issued his decision on January 17, 2014.

United States Postal Service  (13-CA-078058)  Highland, IN, March 5, 2014.  No exceptions having been filed to the judge’s findings that Respondent had not engaged in certain unfair labor practices and his recommendation that the complaint be dismissed, the Board adopted the judge’s findings and conclusions, and dismissed the complaint.  Charge filed by an individual.  Administrative Law Judge Keltner W. Locke issued his decision on September 25, 2013.

All American School Bus Corp.  (29-CA-100827, et al.)  New York, NY, March 7, 2014.  The Board granted Counsel for the General Counsel’s Motion to Sever Cases 29-CA-100914 and 29-CA-101092 from the other unfair labor practice cases in this consolidated proceeding.  Charges filed by Local 1181-1061, Amalgamated Transit Union, AFL-CIO.

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Appellate Court Decisions

No Appellate Court Decisions involving Board decisions to report.

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Administrative Law Judge Decisions

Space Needle, LLC  (19-CA-098908, et al.;JD(SF)-05-14)  Seattle, WA.  Administrative Law Judge Mary Miller Cracraft issued her decision on March 5, 2014.  Charges filed by Unite Here! Local 8, and an individual.

Network Capital Funding Corporation  (21-CA-107219; JD(ATL)-09-14)  Irvine, CA.  Administrative Law Judge William Nelson Cates issued his decision on March 5, 2014.  Charge filed by an individual.

Cushman and Wakefield, Inc.  (04-CA-094600 and 102858; JD-11-14)  Newark, DE.  Administrative Law Judge Susan A. Flynn issued her decision on March 5, 2014.  Charges filed by an individual.

Pomptonian Food Service  (22-CA-086029 and 104206; JD(NY)-11-14)  Verona, NJ.  Administrative Law Judge Lauren Esposito issued her decision on March 7, 2014.  Charges filed by Service Employees International Union, Local 32BJ.

The Pep Boys Manny Moe & Jack of California  (31-CA-104178; JD(SF)-06-14)  Inglewood, CA.  Administrative Law Judge Gerald A. Wacknov issued his decision on March 7, 2014.  Charge filed by an individual.

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