Summary of NLRB Decisions for Week of November 12 - 15, 2019
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
Amnesty International of the USA, Inc. (05-CA-221952; 368 NLRB No. 112) Washington, DC, November 12, 2019.
The Board, reversing the Administrative Law Judge, found that statements by the Respondent’s executive director regarding a petition employees had joined in support of compensation for unpaid interns did not violate Section 8(a)(1) and dismissed the complaint. The Board reasoned that the employees’ advocacy for nonemployees was not protected by the Act, and insofar as the executive director’s statements pertained to future protected activity, they were permitted by Section 8(c) because she did not imply any threat of reprisal against employees. Member McFerran, concurring in the result, disagreed with her colleagues’ passing on whether the employees had engaged in protected activity and would have found that the employees had.
Charge filed by an individual. Administrative Law Judge Michael A. Rosas issued his decision on March 18, 2019. Chairman Ring and Members McFerran and Kaplan participated.
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Tri-City Fire Protection Services, LLC (01-CA-222718; 368 NLRB No. 114) Tolland, CT, November 15, 2019.
The Board granted the General Counsel’s Motion for Default Judgment based on the Respondent’s noncompliance with the provisions of the parties’ informal settlement agreement. The complaint had alleged Section 8(a)(3) and (1) violations. The Board ordered a full remedy for the violations found.
Charge filed by Road Sprinkler Fitters Local Union No. 669, U.A., AFL-CIO. Chairman Ring and Members Kaplan and Emanuel participated.
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D&H Demolition, LLC (05-CA-233552 and 05-CA-233564; 368 NLRB No. 113) Glen Burnie, MD, November 15, 2019.
The Board granted the General Counsel’s Motion for Summary Judgment in this test-of-certification case on the ground that the Respondent failed to raise any issues that were not, or could not have been, litigated in the underlying representation proceeding in which the Union was certified as the bargaining representative. The Board found that the Respondent violated Section 8(a)(5) and (1) by failing and refusing to recognize and bargain with the Union and by failing and refusing to furnish the Union with requested information that was relevant and necessary to the Union’s performance of its duties as the exclusive collective-bargaining representative of the unit.
Charges filed by Construction and Master Laborers’ Local Union 11 a/w Laborers’ International Union of North America. Chairman Ring and Members McFerran and Emanuel participated.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
MHN Government Services, LLC (MHNGS) (27-RC-237341) Colorado Springs, CO, November 12, 2019. The Board denied the Employer’s Request for Review of the Regional Director’s Decision on Determinative Challenged Ballot and Objections and Certification of Representative as it raised no substantial issues warranting review. The Regional Director overruled an objection alleging that a 2-minute delay in opening the polls resulted in the possible disenfranchisement of voters. Petitioner—International Association of Machinists & Aerospace Workers, AFL-CIO. Chairman Ring and Members Kaplan and Emanuel participated.
C Cases
United States Postal Service (12-CA-208547, et al.) Miami, FL, November 13, 2019. The Board approved a formal settlement agreement stipulation between the Respondent, the Charging Party, and the General Counsel, and specified actions the Respondent must take to comply with the Act. The complaint had alleged Section 8(a)(5) refusal to provide/delay in providing relevant information violations. Charges filed by American Postal Workers Union, Miami Area Local 172, AFL-CIO. Members McFerran, Kaplan, and Emanuel participated.
Best Yet Market, Inc. (29-CA-242451) Franklin Square, NY, November 13, 2019. The Board denied the Respondent’s Motion for Summary Judgment, finding that the Respondent had 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. Charge filed by United Food and Commercial Workers International Union. Chairman Ring and Members Kaplan and Emanuel participated.
Sysco Grand Rapids, LLC (07-CA-146820, et al.) Grand Rapids, MI, November 14, 2019. The Board denied the Respondent’s Motion for Reconsideration of the Board's Decision and Order reported at 367 NLRB No. 111 (2019). The Board found that the Respondent had not identified any material error or demonstrated extraordinary circumstances warranting reconsideration. Charge filed by General Teamsters Union Local No. 406, International Brotherhood of Teamsters. Chairman Ring and Members McFerran and Kaplan participated.
United States Postal Service (12-CA-208375, et al.) West Palm Beach, Delray Beach, and Palm Beach Gardens, FL, November 15, 2019. 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. The complaint had alleged Section 8(a)(5) refusal to provide/delay in providing relevant information violations. Charges filed by American Postal Workers Union, AFL-CIO, Palm Beach Area Local 749 and National Association of Letter Carriers, AFL-CIO, Branch 1690. Members McFerran, Kaplan, and Emanuel 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
CP Anchorage Hotel 2, LLC d/b/a Anchorage Hilton (19-CA-215741; JD(SF)-39-19) Anchorage, AK. Administrative Law Judge Mara-Louise Anzalone issued her decision on November 14, 2019. Charge filed by UNITE HERE! Local 878, AFL-CIO.
La Touraine LLC d/b/a Sofitel Chicago Magnificent Mile (13-CA-236423; JD-89-19) Chicago, IL. Administrative Law Judge Geoffrey Carter issued his decision on November 15, 2019. Charge filed by UNITE HERE Local 1.
United States Postal Service (28-CA-230940; JD(SF)-40-19) Albuquerque, NM. Administrative Law Judge Gerald M. Etchingham issued his decision on November 15, 2019. Charge filed by National Association of Letter Carriers, Sunshine Branch 504, a/w National Association of Letter Carriers, AFL-CIO.
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