Summary of NLRB Decisions for Week of November 30 - December 4, 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

Volvo Group North America, LLC  (15-CA-179071, et al.; 370 NLRB No. 52)  Byhalia, MS, December 3, 2020.

The Board, reversing the Administrative Law Judge, dismissed the complaint allegation that the Respondent violated Section 8(a)(3) and (1) by issuing an employee a written warning for violating a rule against wasting time.  In so doing, the Board found that the General Counsel failed to establish animus, and, accordingly, failed to sustain his initial burden of proof under Wright Line.  The Board severed and retained the allegations that the Respondent violated Section 8(a)(3) and (1) by suspending and subsequently discharging that employee, and issued a Notice to Show Cause why those allegations should not be remanded for further proceedings in light of the Board’s decision in United Parcel Service, Inc., 369 NLRB No. 1 (2019).

Charges filed by an individual.  Administrative Law Judge Sharon Levinson Steckler issued her decision on April 30, 2019.  Chairman Ring and Members Kaplan and Emanuel participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

The Riverview Nursing Facility, LLC d/b/a The Riverview Care Center  (14-RC-265356)  St. Louis, MO, November 30, 2020.  The Board denied the Employer’s Request for Review of the Acting Regional Director’s Decision and Direction of Election as it raised no substantial issues warranting review.  The Board found that the direction of a mail-ballot election as a result of the COVID-19 pandemic was consistent with the guidelines set forth in Aspirus Keweenaw, 370 NLRB No. 45 (2020).  Member McFerran agreed to deny review for the reasons given in her separate opinion in Aspirus.  Petitioner—SEIU Healthcare MO and KS, a division of SEIU Healthcare Illinois/Indiana.  Chairman Ring and Members Emanuel and McFerran participated.

Hearthside Food Solutions, LLC  (08-RC-264349)  McComb, OH, December 1, 2020.  The Board denied the Employer’s Request for Review of the Acting Regional Director’s Decision and Direction of Election as it raised no substantial issues warranting review.  The Board found that the direction of a mail-ballot election as a result of the COVID-19 pandemic was consistent with the guidelines set forth in Aspirus Keweenaw, 370 NLRB No. 45 (2020).  Member McFerran agreed to deny review for the reasons given in her separate opinion in Aspirus, but also stated that setting aside the election at this point would be inefficient and unfair to the unit employees.  Petitioner—Bakery, Confectionery, Tobacco Workers & Grain Millers International Union AFL-CIO, CLC.  Chairman Ring and Members Emanuel and McFerran participated.

Professional Transportation, Inc.  (32-RC-259368)  Twin Falls and Meridian, IA, December 2, 2020.  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 with respect to the Board’s policy regarding mail-ballot solicitation as addressed in Fessler & Bowman, Inc., 341 NLRB 932 (2004).  Petitioner—United Electrical, Radio, and Machine Workers of America (U.E.) Local 1077.  Chairman Ring and Members Kaplan, Emanuel, and McFerran participated.

Enel North America, Inc.  (32-RC-259399)  Fallon, NV, December 3, 2020.  The Board denied the Employer’s Request for Review of the Regional Director’s Decision and Direction of Election as it raised no substantial issues warranting review.  The Board found that the direction of a mail-ballot election as a result of the COVID-19 pandemic was consistent with the guidelines set forth in Aspirus Keweenaw, 370 NLRB No. 45 (2020).  The Board also found that the petitioned-for multi-facility unit was an appropriate unit.  Petitioner—International Brotherhood of Electrical Workers Local Union 1245.  Chairman Ring and Members Kaplan and Emanuel participated.

C Cases

NP Red Rock LLC d/b/a Red Rock Casino, Resort & Spa  (28-CA-244484, et al.)  Las Vegas, NV, December 2, 2020.  The Board denied the General Counsel’s Request for Special Permission to Appeal the Administrative Law Judge’s order granting the Respondent’s Petition to Revoke two subpoenas ad testificandum.  The Board found that the General Counsel failed to establish that the judge abused his discretion.  Charges filed by Local Joint Executive Board of Las Vegas a/w UNITE HERE International Union.  Chairman Ring and Members Kaplan and McFerran 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

National Association of Broadcast Employees and Technicians – The Broadcasting and Cable Television Workers Sector of the Communication Workers of America, AFL-CIO, Local 51 (American Broadcasting Companies, Inc.)  (19-CB-244528 and 19-CB-247119; JD(SF)-20-20)  Portland, OR.  Administrative Law Judge Jeffrey D. Wedekind issued his decision on

December 3, 2020.  Charges filed by an individual.  Errata issued December 4, 2020.  Errata   Amended Decision

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