Summary of NLRB Decisions for Week of November 4 - 8, 2019

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

 Nico Asphalt Paving, Inc., and its Successor in Interest and Alter Ego City Wide Paving, Inc.  (29-CA-186692; 368 NLRB No. 111)  Brooklyn, NY, November 6, 2019.

The Board adopted the Administrative Law Judge’s conclusions that Respondents Nico Asphalt Paving and City Wide Paving (individually, “Nico” and “City Wide”; collectively, “the Respondents”) are alter egos of each other; that the Respondents violated Section 8(a)(5) and (1) by failing and refusing to apply the terms of the applicable collective-bargaining agreement to the bargaining-unit employees; and that City Wide violated Section 8(a)(2) and (1) by recognizing and signing a contract with Highway, Road and Street Construction Laborers Local 1010, LIUNA, AFL-CIO, while City Wide was obligated to recognize and bargain with United Plant & Production Workers, CC Local Union 175, IAM.

Charge filed by United Plant & Production Workers, CC Local Union 175, IAM.  Administrative Law Judge Jeffrey P. Gardner issued his decision on November 2, 2018.  Members McFerran, Kaplan, and Emanuel participated.

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 Davidson Hotel Company, LLC (Chicago Marriott at Medical District/UIC)  (13-CA-229523; 368 NLRB No. 110)  Chicago, IL, November 6, 2019.

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.  Although Member Emanuel dissented from his colleagues’ denial of the Respondent’s Request for Review of the Union’s certification, he agreed that the granting of summary judgment was appropriate, because the Respondent had raised no new matters that were properly litigable in this unfair labor practice proceeding.

Charge filed by UNITE HERE, Local 1.  Members McFerran, Kaplan, and Emanuel participated.

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 Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

 USF Holland LLC  (18-RD-239688)  Milwaukee, WI, November 7, 2019.  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.  The Regional Director had dismissed the decertification petition filed for a smaller local unit finding that the unit had merged into a nationwide bargaining unit.  Members Kaplan and Emanuel agreed to apply extant law in this case but noted they would consider revisiting the Board’s merger doctrine in a future appropriate proceeding.  Petitioner—an Individual.  Union—Teamsters “General” Union Local No. 200, a/w the International Brotherhood of Teamsters.  Members McFerran, Kaplan, and Emanuel participated.

 C Cases

 No Unpublished C Cases Issued.

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Appellate Court Decisions

 No Appellate Court Decisions involving Board Decisions to report.

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 Administrative Law Judge Decisions

 FCA US LLC  (07-CA-219895 and 07-CA-221914; JD-86-19)  Dundee, MI.  Administrative Law Judge Melissa M. Olivero issued her decision on November 5, 2019.  Charges filed by Local 723, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), AFL-CIO.

Wilkes-Barre Behavioral Hospital Co., LLC d/b/a First Hospital Wyoming Valley  (04-CA-215690; JD-85-19)  Kingston, PA.  Administrative Law Judge Geoffrey Carter issued his decision on November 5, 2019.  Charge filed by Service Employees International Union Healthcare Pennsylvania, CTW, CLC.

Asociacion de Empleados Del Estado Libre Asociado de Puerto Rico  (12-CA-218502 and 12-CA-232704; JD-88-19)  San Juan, PR.  Administrative Law Judge Sharon Levinson Steckler issued her decision on November 6, 2019.  Charges filed by Union Internacional de Trabajadores de la Industria de Automoviles, Aeroespacio e Implementos Agricolas, U.A.W., Local 1850.

Bud’s Woodfire Oven, LLC d/b/a Ava’s Pizzeria  (05-CA-194577; JD-87-19)  St. Mary’s, MD.  Administrative Law Judge Michael A. Rosas issued his decision on November 6, 2019.  Charge filed by an individual.

Sheet Metal Workers Local Union 85 (The Logistics Company, Inc.) (10-CB-179895; JD-33-18) Columbus, GA, November 8, 2019.  Errata to the May 24, 2018 decision of Administrative Law Judge Donna N. Dawson.  Errata   Amended Decision

G&E Real Estate Management Services, Inc. d/b/a Newmark Grubb Knight Frank  (28-CA-178893; JD-84-19)  Tucson, AZ.  Administrative Law Judge Robert A. Ringler issued his supplemental decision on November 8, 2019.  Charge filed by an individual.

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