Summary of NLRB Decisions for Week of November 21 - 25, 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

Capitol Street Surgery Center, LLC  (25-CA-271204; 372 NLRB No. 8)  Indianapolis, IN, November 22, 2022.

The Board adopted the Administrative Law Judge’s conclusion that the Respondent violated Section 8(a)(1) by discharging an employee for engaging in protected concerted activity.

Charge filed by an individual.  Administrative Law Judge Robert A. Giannasi issued his decision on May 12, 2022.  Chairman McFerran and Members Kaplan and Ring participated.

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Alaris Health at Boulevard East  (22-CA-268083; 372 NLRB No. 6)  Newark, NJ, November 23, 2022.

The Board reversed the Administrative Law Judge and found that the Respondent violated Section 8(a)(5) and (1) by unilaterally reducing and eliminating hourly-rate bonuses that had been granted to unit employees at the start of the COVID pandemic.  The Board found that the bonuses were terms and conditions of employment, not gifts, because they were paid only for the hours that a unit employee had actually worked.  Consequently, the Board concluded that the Respondent was not free to modify the bonuses unilaterally.

The Board also granted the General Counsel’s Motion for Partial Summary Judgment based on the Respondent’s failure to submit an adequate answer to a compliance specification.

Charge filed by 1199 SEIU United Healthcare Workers East.  Administrative Law Judge Kenneth W. Chu issued his decision on January 26, 2022.  Chairman McFerran and Members Kaplan and Ring participated.

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Colart Americas, Inc.  (22-CA-252829; 372 NLRB No. 9)  Piscataway, NJ, November 23, 2022.

The Board unanimously adopted the Administrative Law Judge’s conclusions that Respondent Colart Americas, Inc. is a joint employer of the temporary employees provided by Respondent Staff Management Group, LLC, and that Respondent Colart violated Section 8(a)(1) by threatening employees with unspecified reprisals and by discharging an employee because of his protected concerted activity.  A Board majority (Chairman McFerran and Member Ring) also adopted the judge’s conclusion that Respondent Colart violated Section 8(a)(4) and (1) by discharging an employee for threatening to file an unfair labor practice charge with the Board.  Dissenting in part, Member Kaplan found that Respondent Colart did not violate Section 8(a)(4) and (1) because the General Counsel failed to meet her burden of proving that the employee’s discharge was motivated by Respondent Colart’s animus toward the employee’s seeking of assistance from the Board.

Charge filed by an individual.  Administrative Law Judge Kenneth W. Chu issued his decision on October 27, 2021.  Chairman McFerran and Members Kaplan and Ring participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Jefferson Franklin Community Action Corporation  (14-RC-297334)  Union, MO, November 23, 2022.  The Board denied the Petitioner’s Request for Review of the Regional Director’s Decision and Order as it raised no substantial issues warranting review.  Petitioner— Teamsters Local Union No. 610.  Chairman McFerran and Members Kaplan and Prouty participated.

C Cases

Capitol Recycling and Disposal, Inc., d/b/a Allied Waste Services of Salem/Republic Services of Salem  (19-CA-284534)  Salem, OR, November 22, 2022.  No exceptions having been filed to the October 7, 2022 decision of Administrative Law Judge Eleanor Laws’ 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 No. 324.

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Appellate Court Decisions

No Appellate Court Decisions involving Board Decisions to report.

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Administrative Law Judge Decisions

No Administrative Law Judge Decisions to report.

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