Summary of NLRB Decisions for Week of November 2 - 6, 2020

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

Zeigler North Riverside, LLC d/b/a Zeigler Ford of North Riverside and Zeigler Lincolnwood d/b/a Zeigler Buick GMC of Lincolnwood & Cadillac of Lincolnwood  (13–CA–225984, et al.; 370 NLRB No. 41)  Lincolnwood and North Riverside, IL, November 3, 2020.

The Board adopted the Administrative Law Judge’s conclusion, as amended, that the Respondent Lincolnwood violated Section 8(a)(3) and (1) by constructively discharging two employees when it confronted them with a Hobson’s choice of abandoning their Section 7 rights and resigning their employment.  In so finding, the Board emphasized that the Respondent engaged in conduct that undermined the Union’s representative status and was inherently destructive of employees’ Section 7 rights, including the Respondent’s direct dealing with unit employees, its multiple statements to the effect that the Respondent was no longer a union shop and would not negotiate further with the Union, and its unlawful unilateral changes to employees’ compensation and health insurance.

Charges filed by Local Lodge 701, International Association of Machinists & Aerospace Workers, AFL-CIO.  Administrative Law Judge Charles J. Muhl issued his decision on September 5, 2019.  Chairman Ring and Members Kaplan and Emanuel participated.

***

Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

No Unpublished R Cases Issued.

C Cases

International Alliance of Theatrical Stage Employees, Local 16 (Various Employers)  (20-CB-249568)  San Francisco, CA, November 2, 2020.  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 an individual.  Chairman Ring and Members Emanuel and McFerran participated.

American Postal Workers Union, Greater Cincinnati Ohio Area Local 164, AFL-CIO (APWU) (United States Postal Service)  (09-CB-245613)  Cincinnati, OH, November 5, 2020.  No exceptions having been filed to the September 23, 2020 decision of Administrative Law Judge Arthur J. Amchan’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 individual.

***

Appellate Court Decisions

No Appellate Court Decisions involving Board Decisions to report.

***

Administrative Law Judge Decisions

Tropical Wellness Center, LLC  (12-CA-167884 and 12-CA-171371; JD-45-20)  Palm Bay, FL.  Administrative Law Judge Elizabeth M. Tafe issued her decision on November 4, 2020.  Charges filed by International Association of Machinists and Aerospace Workers, AFL-CIO.

***

To have the NLRB’s Weekly Summary of Cases delivered to your inbox each week, please subscribe here.