Summary of NLRB Decisions for Week of November 19 - 23, 2018
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
Orchids Paper Products Company (14-CA-184805 et al.; 367 NLRB No. 33) Pryor, OK, November 20, 2018
The Board unanimously affirmed the Administrative Law Judge’s conclusions that the Respondent violated Section 8(a)(5) by: (1) unilaterally implementing a policy requiring employees to wear flame-resistant clothing at all times; (2) suspending and disciplining an employee for failing to comply with the unilaterally implemented policy; (3) failing to adhere to the parties’ collective-bargaining agreement by not receiving the Union’s consent before converting productions lines six and seven to op-tech lines; (4) changing the employees’ health insurance; and (5) failing to apply certain terms of the parties’ collective-bargaining agreement to the “permanent temporary” employees. A panel majority (Members Kaplan and Emanuel) reversed the judge’s conclusion that the Respondent unlawfully prevented union officials from conducting union business during work time in contravention of the parties’ collective-bargaining agreement. A different panel majority (Members McFerran and Kaplan) affirmed the judge’s conclusions that the Respondent violated Section 8(a)(3) by discharging five “permanent temporary” employees. The Board unanimously adopted the judge’s decision that the Respondent violated Section 8(a)(1) by: (1) threatening an employee with discipline for not complying with the unilaterally implemented flame-resistant clothing policy; (2) instructing an employee not to contact the Occupational Safety and Health Administration unless management had been informed first; (3) prohibiting employees from discussing the Union during work time while permitting discussion of other non-work topics; (4) prohibiting an employee from conducting union business in a disrespectful manner; (5) informing an employee that the “permanent temporary” employees had been discharged because of the Union’s actions on their behalf; and (6) preventing union officials from conducting union business in contravention of the parties’ collective-bargaining agreement. A panel majority (Members McFerran and Kaplan) affirmed the judge’s conclusions that the Respondent violated Section 8(a)(1) by: (1) accusing employees of harassment; (2) creating the impression of surveillance; and (3) prohibiting employees from asking questions during meetings. Finally, the Board unanimously reversed the judge’s findings that the Respondent unlawfully: (1) threatened an employee with unspecified reprisals; (2) prevented a union official from conducting union business in contravention of the parties’ collective-bargaining agreement on January 25; (3) created the impression that an employee’s union activities would be under greater scrutiny; and (4) promulgated a rule prohibiting employees from talking to employees in other departments.
Charge filed by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO. Administrative Law Judge Andrew S. Gollin issued his decision on September 15, 2017. Members McFerran, Kaplan, and Emanuel participated.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
RH Cemetery Corp. (21-RC-206360) Whittier, CA, November 20, 2018. 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. The Regional Director had found that the Employer had failed to prove that employees who supported the Petitioner engaged in any objectionable electioneering or that the Board agent had condoned such conduct by failing to establish a no-electioneering zone. Petitioner—Service Employees International Union, Local 265, Cemetery Workers & Greens Attendants. Chairman Ring and Members Kaplan and Emanuel participated.
Grill Concepts Services, Inc. d/b/a The Daily Grill (31-RC-209589) Los Angeles, CA, November 20, 2018. The Board granted the Employer’s Request for Review of the Regional Director’s Decision and Certification of Representative, as it raised substantial issues warranting review—specifically, whether union representatives’ offers to help employees with their mail ballots, including offers to help fill them out, constituted objectionable conduct. Petitioner—Unite Here Local 11. Chairman Ring and Members Kaplan and Emanuel participated.
King Soopers, Inc. (27-RC-215705) Broomfield, CO, November 20, 2018. The Board denied the Employer’s Request for Review of the Regional Director’s Decision and Certification of Results as it raised no substantial issues warranting review. The Regional Director had overruled several objections filed by the Employer. Petitioner—United Food and Commercial Workers International Union, Local 7. Chairman Ring and Members McFerran and Kaplan participated.
C Cases
No Unpublished C Cases Issued.
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Appellate Court Decisions
No Appellate Court Decisions involving Board Decisions to report.
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Administrative Law Judge Decisions
800 River Road Operating Company, LLC d/b/a Care One at New Milford (22-CA-204545; JD(NY)-17-18) Newark, NJ. Administrative Law Judge Benjamin W. Green issued his decision on November 20, 2018. Charge filed by 1199 SEIU United Healthcare Workers East.
Cascades Containerboard Packaging-Lancaster, a Division of Cascades New York, Inc. (03-CA-210207; JD-76-18) Lancaster, NY. Administrative Law Judge Kimberly R. Sorg-Graves issued her decision on November 23, 2018. Charge filed by Graphic Communications Conference/International Brotherhood of Teamsters, Local 503-M.
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