Summary of NLRB Decisions for Week of May 11 - 15, 2015

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

DirecTV U.S. DirecTV Holdings, LLC (21-CA-039546; 362 NLRB No. 48) Riverside, CA, May 14, 2015.  Errata to March 31, 2015 Decision and Order.  Errata   Amended Decision

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Transdev/Veolia Transportation Services, Inc.  (05-RD-141298)  Hyattsville, MD, May 14, 2015.  No exceptions having been filed to the Hearing Officer’s overruling of the Petitioner’s objections to an election held January 13 and 14, 2015, the Board adopted the Hearing Officer’s recommendations and certified the Intervenor, Amalgamated Transit Local 1764, as the exclusive collective-bargaining representative of the employees in the appropriate unit.  Petitioner—an individual.

NTN Bower Corporation  (10-RD-105644)  Hamilton, AL, May 14, 2015.  No exceptions having been filed to the Hearing Officer’s recommendations to sustain certain objections to an election held February 20, 2015, the Board adopted the Hearing Officer’s recommendations and ordered the case remanded to the Region for further proceedings consistent with the Hearing Officer’s Report, including the holding of a new election.  Petitioner—an individual.  Union involved—International Union, United Automobile, Aerospace & Agricultural Implement Workers of America, AFL-CIO.

Community Mercy Health Partners d/b/a Mercy McAuley Center  (09-RD-145475)  Urbana, OH, May 15, 2015.  Order denying the Employer’s Request for Review as not raising substantial issues as to whether the Regional Director properly held the petition in abeyance pending resolution of unfair labor practice charges alleging a refusal by the Employer to provide information to the Union, as well as other unfair labor practice charges under investigation.  Petitioner—an individual.  Union—Service Employees International Union (District 1199, WV/KY/OH).  Chairman Pearce and Members Miscimarra and Hirozawa participated.

C Cases

Cooling For Less, Inc.  (28-CA-105006)  Phoenix, AZ, May 13, 2015.  No exceptions having been filed to the March 19, 2015 decision of Administrative Law Judge Lisa D. Thompson granting the General Counsel’s Motion for Default Judgment, the Board adopted the judge’s findings and ordered the Respondent to pay the calculated net backpay owed to the discriminatee.  Charge filed by an individual.

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Appellate Court Decisions

Ozburn-Hessey Logistics, LLC, Board Case No. 26-CA-023497 (reported at 357 NLRB No. 136) (D.C. Cir. decided May 15, 2015)

In a unpublished per curiam opinion, the court enforced the Board’s order and upheld its findings that this provider of transportation, warehousing, and logistics services in Memphis, Tennessee, committed numerous unfair labor practices in response to its employees’ union organizing activities in June to October 2009.

In December 2011, the Board (Chairman Pearce and Members Becker and Hayes), in agreement with the administrative law judge, found that the employer violated Section 8(3) and (1) by warning and discharging one union activist, warning and suspending another, and discharging a third.  The Board also found that the employer violated Section 8(a)(1) in numerous respects, including by threatening employees with loss of benefits if they unionized, interrogating employees, threatening employees with job loss if they participated in a strike, confiscating prounion literature from break rooms, contacting the police to have union agents removed from public property, and interfering with employees’ right to distribute literature to their fellow employees in nonworking areas on nonworking time.

The court held that substantial evidence supported the Board’s unfair-labor-practice findings and rejected the employer’s contentions, which were largely based on challenges to the judge’s credibility resolutions that were adopted by the Board.  With respect to the 8(a)(3) violations, the court agreed with the Board that, under the applicable Wright Line test, the General Counsel had made a prima facie case and that the employer failed to show that it would have taken the same actions in the absence of the protected activity.  In that regard, the court noted that the employer relied on discredited testimony and had tellingly failed to conduct investigations before taking disciplinary action against the three employees who were key union organizers in the early days of the campaign.

The Court’s opinion is here.

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Administrative Law Judge Decisions

Macy’s, Inc.  (01-CA-123640; JD(NY)-21-15)  Saugus, MA.  Administrative Law Judge Joel P. Biblowitz issued his decision on May 12, 2015.  Charge filed by United Food and Commercial Workers Union, Local 1445.

Crozer Chester Medical Center  (04-CA-130177, et al.; JD-07-15)  Upland, PA.  Administrative Law Judge Robert A. Ginannasi issued his decision on May 13, 2015.  Charges filed by Pennsylvania Association of Staff Nurses and Allied Professionals (PASNAP).

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