Summary of NLRB Decisions for Week of November 26 - 30, 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
Station GVR Acquisition, LLC d/b/a Green Valley Ranch Resort Spa Casino (28-CA-224209; 367 NLRB No. 38) Henderson, NV, November 26, 2018.
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. In granting the motion, the Board found that the Respondent violated Section 8(a)(5) and (1) for failing and refusing to recognize and bargain with the Union.
Charge filed by Local Joint Executive Board of Las Vegas a/w UNITE HERE International Union. Chairman Ring and Members McFerran and Emanuel participated.
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TR & SNF, Inc. d/b/a The Nursing Center at University Village and TALF, Inc. d/b/a The Inn at University Village (12-CA-216475; 367 NLRB No. 37) Tampa, FL, November 28, 2018.
The Board granted the General Counsel’s Motion for Default Judgment based on the Respondent’s failure to file an answer to the complaint. Accordingly, the Board ordered the Respondent to cease and desist from its unlawful conduct, and to bargain with the Union over the effects of its decision to cease its operations and to pay backpay in a manner similar to that required in Transmarine Navigation Corp., 170 NLRB 389 (1968).
Charge filed by 1199 SEIU, United Healthcare Workers East, Florida Region. Chairman Ring and Members Kaplan and Emanuel participated.
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TR & SNF, Inc. d/b/a The Nursing Center at University Village and TALF, Inc. d/b/a The Inn at University Village (12-CA-170290; 367 NLRB No. 43) Tampa, FL, November 29, 2018.
The Board granted the General Counsel’s Motion for Default Judgment based on the Respondent’s failure to comply with the terms of a settlement agreement. The Board found that the Respondent violated Section 8(a)(5) and (1) by unilaterally implementing changes to unit employees’ health benefits. The Board ordered the Respondent to comply with the unmet provisions of the settlement agreement by: on request of the Union, rescinding the unilateral changes to unit employees’ health benefits; making employees whole for those changes; and bargaining with the Union.
Charge filed by 1199 SEIU, United Healthcare Workers East, Florida Region. Chairman Ring and Members Kaplan and Emanuel participated.
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Rockwell Mining LLC (09-CA-206434; 367 NLRB No. 39) Wharton, WV, November 29, 2018.
The Board adopted the Administrative Law Judge’s dismissal of the complaint alleging that the Respondent violated Section 8(a)(3), (4), and (1) by suspending and discharging an employee who drove a truck off a mining road. The Board specifically adopted the judge’s conclusion that the Respondent established that it would have suspended and discharged the employee even in the absence of his union activity.
Charge filed by United Mine Workers of America, International Union, AFL-CIO. Administrative Law Judge Paul Bogas issued his decision on June 4, 2018. Chairman Ring and Members Kaplan and Emanuel participated.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
Pennsylvania American Water Co. (06-RC-218527) Pittsburgh, PA, November 29, 2018. The Board denied the Employer’s and Intervenor’s Requests to Stay the election, or, alternatively, to impound the ballots. Chairman Ring and Member Kaplan expressed no view with respect to the revisions made to the Board’s Election Rule, but agreed that it applied here and warranted denial of the requests. Petitioner—Utility Workers United Association, Local 537. Intervenor—Utility Workers Union of America, AFL-CIO, and its Local 537. Chairman Ring and Members McFerran and Kaplan participated.
Centerpoint Energy Houston Electric, LLC (16-RC-229214) Houston, TX, November 28, 2018. The Board denied the Employer’s Motion to Stay Certification of Bargaining Representative. Chairman Ring and Member Kaplan expressed no view with respect to the revisions made to the Board’s Election Rule, but agreed that it applied here and warranted denial of the Employer’s motion. Petitioner—International Brotherhood of Electrical Workers Local Union 66. Chairman Ring and Members McFerran and Kaplan participated.
PCC Structurals, Inc. (19-RC-202188) Portland, OR, November 28, 2018. The Board denied the Employer’s Request for Review of the Regional Director’s Supplemental Decision as it raised no substantial issues warranting review. On remand, the Regional Director relied on both the Board’s craft-unit case law and the community-of-interest analysis and found that the petitioned-for unit of welders was appropriate. Petitioner—International Association of Machinists & Aerospace Workers, AFL-CIO, District Lodge W24. Members McFerran, Kaplan, and Emanuel participated.
C Cases
American Eagle Protective Services Corporation and Paragon Systems, Inc. (05-CA-126739) Washington, D.C., November 26, 2018. The Board denied the Respondents’ Motion for Reconsideration of the Board’s Supplemental Decision and Order reported at 366 NLRB No. 144 (2018). The Board found that the Respondents had not identified any material error or demonstrated extraordinary circumstances warranting reconsideration. Charge filed by United Government Security Officers of America, Local 034, a/w United Government Security Officers of America International Union. Administrative Law Judge Eric M. Fine issued his decision on September 22, 2015. Chairman Ring and Members McFerran and Kaplan participated.
Corner Investment Company, LLC d/b/a The Cromwell (28-CA-209739) Las Vegas, NV, November 30, 2018. No exceptions having been filed to the October 10, 2018 decision of Administrative Law Judge Kenneth W. Chu’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 an individual.
Laborers’ International Union of North America Local 872, AFL-CIO (Penhall) (28-CB-221154) Las Vegas, NV, November 30, 2018. The Board denied the Union’s Motion to Quash an investigative subpoena, finding that the subpoena sought information relevant to the matters under investigation and described with sufficient particularity the evidence sought. The Board also found that the Union failed to establish any other legal basis for revoking the subpoena. Charge filed by an individual. Chairman Ring and Members McFerran and Kaplan 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
Hilton Resorts Corporation d/b/a Elara (28-CA-193521, et al.; JD(SF)-37-18) Las Vegas, NV. Administrative Law Judge Ariel L. Sotolongo issued his decision on November 26, 2018. Charges filed by individuals and International Union of Operating Engineers Local 501, AFL-CIO.
Lamb Weston, Inc. (15-CA-207924; JD-75-18) Delhi, LA. Administrative Law Judge Arthur J. Amchan issued his decision on November 28, 2018. Charge filed by an individual.
National Rural Letter Carriers Association (United States Postal Service) (15-CB-213552; JD-77-18) Denham Springs, LA. Administrative Law Judge Ira Sandron issued his decision on November 30, 2018. Charge filed by an individual.
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