Summary of NLRB Decisions for Week of May 9 - 13, 2022
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
REAP Construction Group, LLC (25-CA-283711; 371 NLR No. 99) Indianapolis, IN, May 10, 2022.
The Board granted the General Counsel’s Motion for Default Judgment based on the Respondent’s failure to file an answer to the complaint. The Board found that the Respondent violated Section 8(a)(5) and (1) by failing and refusing to provide the Union with information that is necessary for, and relevant to, the performance of its duties as the exclusive collective-bargaining representative of the unit.
Charge filed by International Union of Painters and Allied Trades, District Council 91. Members Kaplan, Wilcox, and Prouty participated.
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Elmar Hotel Management, LLC d/b/a Inn of Chicago (13-CA-282063; 371 NLRB No. 98) Chicago, IL, May 10, 2022.
The Board granted the General Counsel’s Motion for Default Judgment based on the Respondent’s failure to file an answer to the complaint. The Board found that the Respondent violated Section 8(a)(5) and (1) by failing and refusing to furnish the Union with requested relevant and necessary information.
Charge filed by Unite Here Local 1. Members Kaplan, Wilcox, and Prouty participated.
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Linden Farms Food Corp. (29-CA-279785 371 NLRB No. 97) Brooklyn, NY, May 11, 2022.
The Board granted the General Counsel’s Motion for Summary Judgment finding that the Respondent had failed to raise a genuine issue of material fact warranting a hearing and that the General Counsel is entitled to judgment as a matter of law.
Charge filed by Local 338, Retail, Wholesale and Department Store Union/United Food and Commercial Workers International Union. Members Kaplan, Wilcox, and Prouty participated.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
Power Home Solar LLC (07-RC-279452) Chesterfield, MI, May 9, 2022. The Board denied the Employer’s Request for Review of the Acting Regional Director’s Decision and Direction of Election and of the Regional Director’s Supplemental Decision on Objections and Certification of Representative, finding it raised no substantial issues warranting review. In denying review, the Board found that because the Employer contended that the petitioned-for unit is inappropriate unless it excludes certain petitioned-for employees, the Acting Regional Director erred in applying the three-step test set forth in The Boeing Co., 368 NLRB No. 67 (2019), which applies only when a non-petitioning party asserts that the petitioned-for unit is inappropriate unless it includes certain additional employee classifications. Applying the correct test—whether the petitioned-for employees shared a community of interest sufficient to find that the petitioned-for unit is appropriate—the Board found that the petitioned-for unit is an appropriate unit. Petitioner—Local 58, International Brotherhood of Electrical Workers (IBEW), AFL-CIO. Members Ring, Wilcox, and Prouty participated.
Starbucks Corporation (03-RC-292127) Amherst, NY, May 9, 2022. The Board denied the Petitioner’s Request for Review of the Regional Director’s failure to bar receipt of evidence pursuant to 29 C.F.R § 102.66(c) as it raised no substantial issues warranting review. Petitioner—Workers United. Members Ring, Wilcox, and Prouty participated.
NRT Bus, Inc. (01-RC-292628) Framingham, MA, May 12, 2022. The Board denied the Employer’s Request for Review of the Regional Director’s determination to convert the agreed-upon manual election to a mail-ballot election as it raised no substantial issues warranting review. Petitioner—International Brotherhood of Teamsters, Local 170. Members Ring, Wilcox, and Prouty participated.
C Cases
International Longshoremen’s Association, Local 1526, AFL-CIO (Southeast Florida Employers’ Port Association, Inc., and its employer-members) (12-CB-272549) Fort Lauderdale, FL, May 9, 2022. The Board denied the Respondent’s Motion to Dismiss the Complaint, finding that the Respondent has not demonstrated that the complaint fails to state a claim upon which relief can be granted. The Board also found that the Respondent failed to establish that there are no genuine issues of material fact warranting a hearing and that it is entitled to judgment as a matter of law. Finally, the Board rejected the Respondent’s contention that the complaint was untimely under Section 10(b). Charge filed by an individual. Members Kaplan, Wilcox, and Prouty participated.
Falcon Trucking, LLC. and Ragle, Inc., a single employer and/or joint employer (25-CA-188022, et al.) Newburgh, IN, May 9, 2022. The Board denied the Union’s Request for Special Permission to Appeal the Regional Director’s dismissal of certain unfair labor practice charges and his withdrawal of a reissued complaint alleging the Respondent’s breach of an informal settlement agreement. The Board found that General Counsel’s broad statutory prosecutorial discretion under Section 3(d) encompassed the Regional Director’s actions in this case. Charges filed by Chauffeurs, Teamsters, and Helpers, Local Union No. 215 a/w International Brotherhood of Teamsters. Members Kaplan, Wilcox, and Prouty participated.
United States Postal Service (13-CA-282852, et al.) Chicago, IL, May 10, 2022. 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. Charges filed by American Postal Workers Union, Local 0001. Members Kaplan, Wilcox, and Prouty participated.
American Medical Response Ambulance Service, Inc. (19-CA-276090) Tukwila, WA, May 11, 2022. No exceptions having been filed to the March 30, 2022 decision of Administrative Law Judge Gerald M. Etchingham’s finding that the Respondent had not engaged in certain unfair labor practices, the Board adopted the judge’s findings and conclusions and dismissed the complaint. Charge filed by Teamsters Local Union 763 a/w the International Brotherhood of Teamsters.
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Appellate Court Decisions
Sinai Hospital of Baltimore, Inc. d/b/a VSP, Board Case No. 05-CA-265997 (reported at 370 NLRB No. 129) (4th Cir. decided May 10, 2022).
In a published opinion, the Court enforced the Board’s bargaining order that issued against this hospital in Baltimore, Maryland, where a unit of disabled janitors working in its vocational services program (VSP) voted 28 to 13 in a December 2019 election to be represented by 1199 SEIU United Healthcare Workers East. The Hospital’s VSP is a dual-function program that provides vocational services and, separately, employment opportunities to individuals with severe disabilities. In the underlying representation case, the Hospital claimed that the disabled janitors were not employees covered by the Act. After a hearing, the Acting Regional Director for Region 5 issued a decision finding that the Hospital failed to carry its burden of proving its claim that the disabled janitors have a primarily rehabilitative, rather than typically industrial, relationship with the Hospital, under the multi-factor, but non-exhaustive, test of Brevard Achievement Center, Inc., 342 NLRB 982 (2004). The Hospital requested review of that decision, which was denied by the Board (then-Chairman Ring and Members Kaplan and Emanuel). The Hospital then refused to bargain in order to seek court review. On review, the Court held that the Board’s employee-status determination was fully supported by substantial evidence, and rejected the Hospital’s contentions to the contrary.
The Court’s opinion is here.
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Administrative Law Judge Decisions
Capstone Logistics LLC and Associated Wholesale Grocers, Inc., as joint employers (15-CA-257443 and 15-CA-259712; JD-23-22) Pearl River, LA. Administrative Law Judge Arthur J. Amchan issued his decision on May 10, 2022. Charges filed by individuals.
Capitol Street Surgery Center, LLC (25-CA-271204; JD-25-22) Indianapolis, IN. Administrative Law Judge Robert A. Giannasi issued his decision on May 12, 2022. Charge filed by an individual.
TK, LLC (10-CA-267762; JD-24-22) Jefferson, GA. Administrative Law Judge Andrew S. Gollin issued his decision on May 12, 2022. Charge filed by Plumbers and Pipefitters Local 72, United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, AFL-CIO.
Biomedical Applications of Puerto Rico, Inc., d/b/a Fresenius Kidney Care Naranjito (12-CA-281235; JD-26-22) Naranjito, PR. Administrative Law Judge Geoffrey Carter issued his decision on May 13, 2022. Charge filed by Unidad Laboral de Enfermeras (OS) y Empleados de la Salud.
RRI West Management, LLC, an affiliate of the Westmont Hospitality Group, d/b/a Red Roof Plus San Antonio Downtown-Riverwalk (16-CA-278283; JD-28-22) San Antonio, TX. Administrative Law Judge Arthur J. Amchan issued his decision on May 13, 2022. Charge filed by an individual.
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