Summary of NLRB Decisions for Week of November 5 - 9, 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
International Harvest, Inc. (02-CA-138000, et al.; 367 NLRB No. 31) Mt. Vernon, NY, November 2, 2018. Errata issued on November 5, 2018. Errata Amended Decision
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
Rhode Island LFG Genco, LLC (01-RC-208704) Johnston, RI, November 7, 2018. The Board denied the Employer’s Request for Review of the Acting Regional Director’s Supplemental Decision on Challenged Ballot and Certification of Representative, finding the petitioned-for unit of maintenance-department technicians appropriate for collective bargaining purposes, as it raised no substantial issues warranting review. The Board also denied the Employer’s Motion to Stay the Certification of Representative. Petitioner—International Brotherhood of Teamsters Local 251. Chairman Ring and Members Kaplan and Emanuel participated.
C Cases
G.R.P. Mechanical Company, Inc. (14-CA-211817) Bethalto, IL, November 6, 2018. No exceptions having been filed to the September 24, 2018 decision of Administrative Law Judge Charles J. Muhl’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 recommended Order. Charge filed by an individual.
National Association of Letter Carriers, Branch No. 11, Chicago, affiliated with National Association of Letter Carriers, AFL-CIO (United States Postal Service) (13-CB-187174) Chicago, IL, November 6, 2018. No exceptions having been filed to the September 24, 2018 decision of Administrative Law Judge Keltner W. Locke’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.
Adecco USA, Inc. (32-CA-142303) San Bruno, CA, November 6, 2018. On remand from the Fifth Circuit Court, the Board found that, in light of the Supreme Court’s decision in Epic Systems Corp. v. Lewis, 138 S. Ct. 1612 (2018), which overruled the Board’s decision in Murphy Oil USA, Inc., 361 NLRB 774 (2014), enf. denied in relevant part, 808 F.3d 1013 (5th Cir. 2015), the complaint allegation that the Respondent’s maintenance and enforcement of its mandatory arbitration agreement violated Section 8(a)(1) must be dismissed. The Board remanded to the Regional Director the separate issue, before the Board on the parties’ motions for summary judgment, whether the Respondent’s mandatory arbitration agreement independently violates Section 8(a)(1) because it interferes with employees’ ability to access the Board. The Board observed that, when the parties filed their pending motions, the issue whether maintenance of a facially neutral work rule or policy violated Section 8(a)(1) would be resolved based on the “reasonably construe” prong of the analytical framework set forth in Lutheran Heritage Village-Livonia, 343 NLRB 646 (2004). The Board noted that it subsequently issued its decision in The Boeing Company, 365 NLRB No. 154, in which it overruled the Lutheran Heritage “reasonably construe” test and announced a new standard that applies retroactively to all pending cases. The Board found that, under the standard announced in Boeing, the parties’ motions do not establish that there are no genuine issues of material fact and that either party is entitled to judgment as a matter of law as to this complaint allegation. Charge filed by an individual. Chairman Ring and Members McFerran and Kaplan participated.
Comprehensive Post-Acute Network, LTD. (09-CA-213162) West Chester, OH, November 7, 2018. No exceptions having been filed to the September 18, 2018 decision of Administrative Law Judge Andrew S. Gollin’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.
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Appellate Court Decisions
No Appellate Court Decisions involving Board Decisions to report.
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Administrative Law Judge Decisions
Roseburg Forest Products Co. (19-CA-213306; JD(SF)-33-18) Riddle, OR, November 6, 2018. Errata to Administrative Law Judge Eleanor Laws’ October 31, 2018 decision. Errata Amended Decision.
Trinity Services Group, Inc. (28-CA-212163; JD(SF)-35-18) Bisbee, AZ. Administrative Law Judge John T. Giannopoulos issued his decision on November 7, 2018. Charge filed by United Food and Commercial Workers Union, Local 99.
PAE Aviation and Technical Services LLC (28-CA-203755; JD(SF)-34-18) Tucson, AZ. Administrative Law Judge Mara-Louise Anzalone issued her decision on November 9, 2018. Charge filed by International Association of Machinists and Aerospace Workers, Local Lodge 2949, AFL-CIO.
National Hot Rod Association (02-CA-185569; 22-CA-190221, et al.; JD(NY)-16-18) New York, NY. Administrative Law Judge Benjamin W. Green issued his decision on November 9, 2018. Charges filed by International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, its Territories and Canada AFL-CIO, CLC.
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