Summary of NLRB Decisions for Week of May 6-10, 2013
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
Fused Solutions, LLC (03-CA-098461, 359 NLRB No.118) Potsdam, NY, May 6, 2013.
Having found that the respondent had violated the Act, the Board ordered it to cease and desist, to recognize and bargain on request with the union and, if an understanding was reached, to embody the understanding in a signed agreement. It was also ordered that the respondent furnish the union with the requested information.
Charge filed by United Food and Commercial Workers, District Union, Local One. Chairman Pearce and Members Griffin and Block participated.
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Stamford Plaza Hotel & Conference Center and Stamford Plaza, LP, a joint and/or single employer (01‑CA‑098145, 359 NLRB No. 119) Stamford, CT, May 9, 2013.
Having found that the respondent had violated the Act, the Board ordered it to cease and desist, to bargain on request with the union, and, if an understanding was reached, to embody the understanding in a signed agreement.
Charge filed by United Food and Commercial Workers Union, Local 371. Chairman Pearce and Members Griffin and Block participated.
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First Student, Inc. (19-CA-090217; 19-RC-082833, 359 NLRB No. 120) Seattle, WA, May 9, 2013.
The Board adopted the administrative law judge’s finding that the respondent violated Section 8(a)(1) of the Act by withholding its annual tier 9 wage increase during the critical period of the election and by informing employees that it was withholding the increase because of the election. The Board found this conduct objectionable and that it affected the results of the election. Therefore, the Board set aside the results of the first election and ordered that a new election be held at a time established by the Regional Director.
Charges filed by General Teamsters, Local 174, affiliated with the International Brotherhood of Teamsters. Administrative Law Judge Joel P. Biblowitz issued his decision on February 4, 2013. Chairman Pearce and Members Griffin and Block participated.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
Elite Protective Services, Inc. (05-UD-095760) Washington, DC, May 7, 2013. With no exceptions having been filed, the Board adopted the Regional Director’s findings and recommendations and ordered that this proceeding to be remanded to the Regional Director for further appropriate action. Petitioner – an individual.
Dodge County, Minnesota (18-WH-097426) Mantorville, MN, May 7, 2013. Certification of representative as bona fide under Section 7(B) of the Fair Labor Standards Act of 1938. Petitioner – Minnesota Teamsters Public and Law Enforcement Employees Union, Local 320.
800 River Road Operating Company, LLC d/b/a Woodcrest Health Center (22‑RC‑073078) Milford, NJ, May 10, 2013. Order denying the employer’s motion to vacate decision and certification of representative. The employer contended that the Board lacked a quorum at the time it issued the decision and certification of representative in this case. The Board rejected this argument. Having denied the employer’s motion to vacate decision and certification of representative, the Board found it unnecessary to rule on its motion to vacate region’s letter purporting to deny employer’s motion to vacate decision and certification of representative, which was rendered moot by the denial of the former motion. Charge filed by SEIU 1199 New Jersey Healthcare Workers East, New Jersey Region.
C Cases
Ohio Insulation and Manufacturing Company (09-CA-087466) Dayton, OH, May 8, 2013. With no exceptions having been filed, the Board adopted the findings and conclusions of the administrative law judge’s decision and ordered that the respondent take the recommended action. Charge filed by International Association of Heat and Frost Insulators and Allied Workers, Local 50, Columbus and Dayton, Ohio.
Sprain Brook Manor Nursing Home, LLC, et al. (02‑CA‑089480) Scarsdale, NY, May 9, 2013. Order denying the employer’s petition to revoke subpoenas duces tecum. Charge filed by 1199 SEIU United Healthcare Workers East. Chairman Pearce and Members Griffin and Block participated.
Alcoa Power and Propulsion d/b/a Howmet Castings & Services, Inc. (05‑CA‑092579, et al.) Hampton, VA, May 9, 2013. Order denying the respondent’s motions for partial summary judgment. The respondent failed to establish that there were no genuine issues of material fact and that it is entitled to judgment as a matter of law. Charges filed by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL‑CIO, CLC. Chairman Pearce and Members Griffin and Block participated.
Cellular Sales of Missouri, LLC (14-CA-094714) Lee’s Summit, MO, May 9, 2013. Order denying the respondent’s motion for summary judgment. The respondent failed to establish that it is entitled to judgment as a matter of law. The Board rejected the respondent’s contention that the Board lacked a quorum because the President’s recess appointments are constitutionally invalid, and therefore the Board has no authority to hold a hearing or otherwise render a decision in this proceeding. Charge filed by an individual. Chairman Pearce and Members Griffin and Block participated.
Merck & Company (22-CA-090990) Rahway, NJ, May 9, 2013. Order denying the respondent’s motion for summary judgment. The respondent failed to establish that there were no genuine issues of material fact and that it is entitled to judgment as a matter of law. Charge filed by United Steel Workers of America, Local 4‑575, AFL-CIO. Chairman Pearce and Members Griffin and Block participated.
The Neiman Marcus Group, Inc. (31‑CA‑074295) Beverly Hills, CA, May 10, 2013. Order denying the respondent’s motion to dismiss complaint. The respondent failed to establish that it is entitled to judgment as a matter of law. The Board rejected the respondent’s contention that the Board lacked a quorum because the President’s recess appointments are constitutionally invalid, that the Board’s appointment of the Regional Director is also invalid because the Board lacked a quorum at the time of the appointment, and that therefore the complaint in this proceeding is void ab initio. Charge filed by an individual. Chairman Pearce and Members Griffin and Block participated.
United Parcel Service, Inc. (26-CA-072915, et al.) Nashville, TN, May 10, 2013. Order granting the counsel for the Acting General Counsel’s unopposed motion to rescind order transferring proceeding to the Board. As stated in the motion to rescind, the Acting General Counsel intends to file a motion with the administrative law judge requesting that she clarify her decision regarding certain issues addressed in the Acting General Counsel’s motion to rescind. Accordingly, the order transferring proceeding to the Board and notice to show cause issued by direction of the Board is rescinded, and this case is now pending before the judge. Charge filed by Teamsters, Local 480 affiliated with International Brotherhood of Teamsters.
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Appellate Court Decisions
No Appellate Court decisions regarding NLRB cases were issued this week.
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Administrative Law Judge Decisions
Austin Fire Equipment, LLC (15-CA-019697, JD(ATL)-11-13) Prairieville, LA. Charge filed by Road Sprinkler Fitters, Local 669, U.A., AFL-CIO. Administrative Law Judge Margaret G. Brakebusch issued her supplemental decision on May 6, 2013.
The Martin Law Group, LLC (10-CA-078395, JD(ATL)-10-13) Tuscaloosa, AL. Charge filed by an individual. Administrative Law Judge Michael A. Marcionese issued his decision on May 6, 2013.
Cushman & Wakefield, Inc. (04-CA-085979, JD-32-13) Wilmington, DE. Charge filed by International Brotherhood of Electrical Workers, Local 313. Administrative Law Judge Robert A. Giannasi issued his decision on May 6, 2013.
California Institute of Technology Jet Propulsion Laboratory (31-CA-030208, et al., JD(SF)‑20‑13) Pasadena, CA. Charges filed by individuals. Administrative Law Judge William G. Kocol issued his decision on May 6, 2013.
David Saxe Productions, LLC and Vegas! The Show, LLC, joint/single employers (28‑CA‑075461, et al., JD(SF)-18-13) Las Vegas, NV. Charges filed by an individual. Administrative Law Judge Eleanor Laws issued her decision on May 7, 2013.
Conagra Foods, Inc. (09-CA-089532, et al., JD-34-13) Troy, OH. Charges filed by United Food and Commercial Workers Union, Local 75. Administrative Law Judge Arthur J. Amchan issued his decision on May 9, 2013.
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