Summary of NLRB Decisions for Week of May 22 - 26, 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

No Published Board Decisions Issued.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

VTCU Corp.  (27-RC-300485)  Pocatello, ID, May 23, 2023.  The Board denied the Employer’s Request for Review of the Regional Director’s Decision on Objections and Certification of Representative as it raised no substantial issues warranting review.  Petitioner—International Union of Operating Engineers, Local 302.  Members Kaplan, Wilcox, and Prouty participated.

Pier 55, Inc., d/b/a Little Island  (02-RC-278451)  Manhattan, NY, May 25, 2023.  The Board denied the Employer’s Request for Review of the Regional Director’s Order Denying Motion to Reopen Record as it raised no substantial issues warranting review.  Petitioner—Theatrical Protective Union, Local No. One, IATSE, AFL-CIO, CLC.  Chairman McFerran and Members Wilcox and Prouty participated.

C Cases

United States Postal Service  (09-CA-298138)  Columbus, OH, May 26, 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 American Postal Workers Union, AFL-CIO, Local 232.  Members Kaplan, Wilcox, and Prouty participated.

Starbucks Corporation  (18-CA-295458 and 18-CA-297433)  Madison, WI, May 26, 2023.  The Board granted the Respondent’s Request for Special Permission to Appeal from the Administrative Law Judge’s order issuing evidentiary sanctions for the Respondent’s noncompliance with the General Counsel’s subpoena and requesting appointment of a Special Master to resolve ongoing privilege issues.  The Board denied the appeal on the merits.  The Respondent failed to establish that the judge abused her discretion in ruling as she did.  Member Kaplan joined his colleagues, except he would have granted the appeal on one issue.  He would have found that the judge abused her discretion in drawing adverse inferences against the Respondent.  Charges filed by United Food and Commercial Workers, Local 1473.  Chairman McFerran and Members Kaplan and Wilcox 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

No Administrative Law Judge Decisions Issued.

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