Summary of NLRB Decisions for Week of May 15 - 19, 2023
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
River City Asphalt, Inc. (18-CA-280068 and 18-CA-283815; 372 NLRB No. 87) Shakopee, MN, May 17, 2023. Errata to May 11, 2023 decision. Errata Amended Decision.
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Kendall Healthcare Group, LTD., et al. (12-CA-282408, et al.; 372 NLRB No. 88) Miami, FL, May 18, 2023.
The Board adopted the Administrative Law Judge’s conclusions to dismiss the complaint because deferral to the parties’ grievance arbitration procedure was warranted. The complaint alleged that the Respondent violated Section 8(a)(5) and (1) by failing and refusing to bargain in good faith by failing to continue in effect the union security clause contained in the parties’ collective bargaining agreements.
Charges filed by 1199SEIU, United Healthcare Workers East, Service Employees International Union. Administrative Law Judge Keltner W. Locke issued his decision on October 28, 2022. Chairman McFerran and Members Kaplan and Prouty participated.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
ALS Minerals (19-RD-301554) Fairbanks, AK, May 17, 2023. The Board denied the Employer’s Request for Review of the Regional Director’s Decision and Order dismissing the Petitioner’s petition for a decertification election as it raised no substantial issues warranting review. Petitioner—an individual. Union—Laborers Union Local 942. Members Kaplan, Wilcox, and Prouty participated.
KIPP Colorado/KIPP Northeast Denver Leadership Academy (KNDLA) (27-RC-311273) Denver, CO, May 18, 2023. The Board denied the Petitioner’s Request for Review of the Regional Director’s administrative dismissal of the petition as it raised no substantial issues warranting review. Petitioner—Colorado Charter Teachers Association (CCTA). Members Kaplan, Wilcox, and Prouty participated.
C Cases
Starbucks Corporation (03-CA-295810, et al.) Buffalo, NY, May 16, 2023. The Board denied the Respondent’s Motion to Dismiss specified paragraphs of the fourth consolidated complaint. 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. The Board also denied the Respondent’s alternative request to sever and hold in abeyance paragraphs of the complaint. Charges filed by Workers United. Chairman McFerran and Members Kaplan and Wilcox participated.
United States Postal Service (07-CA-296696) Davison, MI, May 16, 2023. In this case alleging Section 8(a)(5) and (1) violations, the Board approved a formal settlement stipulation between the Respondent, the Charging Party, and the General Counsel, and specified actions the Respondent must take to comply with the Act. Charge filed by Local 271, American Postal Workers Union (APWU), AFL-CIO. Chairman McFerran and Members Kaplan and Wilcox participated.
IBN Construction Corp. (22-CA-277455) Newark, NJ, May 17, 2023. No exceptions having been filed to the April 3, 2023 decision of Administrative Law Judge Kenneth W. Chu’s finding that the 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. Charge filed by New Jersey Building Laborers District Council.
Starbucks Corporation (21-CA-304228) La Quinta, CA, May 19, 2023. The Board denied the Respondent’s Motion to Dismiss the complaint. 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. Charge filed by Workers United. Members Kaplan, Wilcox, and Prouty 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
Midwest Division – RMC, LLC, d/b/a Research Medical Center (14-CA-287441 et al.; JD-32-23) Kansas City, MO. Administrative Law Judge Christine E. Dibble issued her decision on May 16, 2023. Charges filed by NNOC – Missouri & Kansas/NNU, AFL-CIO and Service Employees International Union HCII, Missouri/Kansas Division.
Blue School (02-CA-292782; JD(NY)-08-23) New York, NY, May 16, 2023. Errata to decision issued on May 4, 2023. Errata Amended Decision.
Starbucks Corporation (12-CA-291151; JD-31-23) Hialeah, FL. Administrative Law Judge Donna N. Dawson issued her decision on May 17, 2023. Charge filed by Workers United, Southern Regional Joint Board, a/w Service Employees International Union.
Perrigo New York, Inc. (02-CB-298980; JD(NY)-09-23) New York, NY, May 18, 2023. Errata to decision issued on May 3, 2023. Errata Amended Decision
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