Summary of NLRB Decisions for Week of November 27 - December 1, 2023
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
Metrohealth, Inc. d/b/a Hospital Metropolitano Rio Piedras (12-CA-279497; 372 NLRB No. 149) San Juan, PR, November 28, 2023. Errata to September 30, 2023 decision. Errata Amended Decision.
***
Starbucks Corporation (21-CA-296716; 372 NLRB No. 159) La Quinta, CA, November 28, 2023.
The Board adopted the Administrative Law Judge’s recommended dismissal of allegations that the Respondent violated Section 8(a)(1) by holding an unlawful antiunion “captive audience” meeting and by telling employees that they were not allowed to discuss the Union while working. With respect to the captive-audience allegation, Member Kaplan emphasized that because the General Counsel did not allege that any unlawful statements were made, there was no basis for finding a violation under longstanding precedent regardless of whether the judge correctly found that the alleged conduct did not amount to a captive-audience meeting. Chairman McFerran and Member Wilcox stated that the Board did not pass on the legal theory advanced by the General Counsel or on any other legal theory under which the conduct alleged might be found to violate the Act.
Charge filed by Workers United a/w Service Employees International Union. Administrative Law Judge Jeffrey D. Wedekind issued his decision on December 6, 2022. Chairman McFerran and Members Kaplan and Wilcox participated.
***
Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
Siren Retail Corp., d/b/a Starbucks (02-RD-317733) New York, NY, November 27, 2023. The Board denied the Petitioner’s and Employer’s Requests for Review of the Regional Director’s Decision and Order Dismissing Petition as they raised no substantial issues warranting review. Petitioner—an individual. Union—New York-New Jersey Regional Joint Board, Workers United, a/w Service Employees International Union. Chairman McFerran and Members Prouty and Wilcox participated.
LivFree Wellness, LLC, d/b/a The Dispensary (28-UC-320647) Las Vegas, NV, November 29, 2023. The Board denied the Employer’s Request for Review of the Regional Director’s Decision and Order Clarifying Bargaining Unit as it raised no substantial issues warranting review. Petitioner—LivFree Wellness, LLC d/b/a The Dispensary. Union—United Food & Commercial Workers Local 711, a/w United Food & Commercial Workers International Union. Chairman McFerran and Members Prouty and Wilcox participated.
South Nassau Communities Hospital, d/b/a Mount Sinai South Nassau (29-RC-307688) Nassau County, NY, November 30, 2023. 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 Board found that the Regional Director properly overruled its objections without a hearing. The Board also found that the Regional Director acted properly in not consolidating the objections case with a pending case alleging unfair labor practices. Petitioner—New York State Nurses Association. Chairman McFerran and Members Prouty and Wilcox participated.
Starbucks Corporation (06-RD-321620) Pittsburgh, PA, November 30, 2023. The Board denied the Petitioner’s and Employer’s Requests for Review of the Regional Director’s Decision and Order as they raised no substantial issues warranting review. Petitioner—an individual. Union—Workers United. Chairman McFerran and Members Prouty and Wilcox participated.
C Cases
Starbucks Corporation (27-CA-307542) Superior, CO, November 28, 2023. The Board denied the Respondent’s Request for Special Permission to Appeal the Administrative Law Judge’s rulings ordering the Respondent to: (1) produce documents in native format or in TIFF+ format accompanied by a searchable PDF; (2) produce its custodian(s) of record to testify regarding the steps taken to comply with the subpoena; and (3) conduct a reasonable and diligent search for relevant documents or materials found on its managers’, supervisors’, or agents’ personal cell phones, email, or social media accounts, to the extent such individuals conducted company business on those devices or platforms. The Board noted that the Respondent refused to comply with the judge’s rulings and the hearing had closed. The Board therefore concluded that there was no need for interlocutory relief in this matter, but noted that its denial of permission to appeal was without prejudice to the Respondent’s right to renew its objections before the Board on exceptions, if appropriate. Charge filed by Workers United—Chicago and Midwest Regional Joint Board (SEIU), Local 304. Chairman McFerran and Members Prouty and Wilcox participated.
Southwest Regional Council of Carpenters and its affiliated Local 1977, as Joint Representatives (Mueller Custom Cabinetry of Nevada, Inc.) (28-CB-278741) Las Vegas, NV, November 28, 2023. No exceptions having been filed to the October 10, 2023 decision of Administrative Law Judge Andrew S. Gollin’s finding that the Respondent had engaged in certain unfair labor practices, the Board adopted the judge’s findings and conclusions, and ordered the Respondent to take the action set forth in the judge’s recommended Order. Charge filed by an individual.
***
Appellate Court Decisions
No Appellate Court Decisions involving Board Decisions to report.
***
Administrative Law Judge Decisions
Starbucks Corporation (19-CA-296765, et al.; JD(SF)-37-23) Portland, OR. Administrative Law Judge Sharon Levinson Steckler issued her decision on November 27, 2023. Charges filed by Workers United Labor Union International, a/w Service Employees International Union.
Starbucks Corporation (19-CA-296765, et al.; JD(SF)-37-23) Portland, OR, December 1. Errata to decision issued on November 27, 2023. Errata Amended Decision.
***
To have the NLRB’s Weekly Summary of Cases delivered to your inbox each week, please subscribe here.