Summary of NLRB Decisions for Week of November 6 - 9, 2017
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
No Published Board Decisions Issued
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
Indiana Voice and Data, Inc. (25-RC-182936) Bloomington, IN, November 9, 2017. The Board denied the Employer’s Request for Review of the Regional Director’s Supplemental Decision and Direction of Re-Run Election as it raised no substantial issues warranting review. Chairman Miscimarra did not reach or pass on the Regional Director’s sustaining of certain objections. Chairman Miscimarra and Members Pearce and McFerran participated.
C Cases
United States Postal Service (05-CA-180590) Alexandria, VA, November 6, 2017. The Board denied the Acting General Counsel’s Motion to Rescind Order Transferring Proceeding to the Board, without prejudice to her right to renew the arguments before the Board on any exceptions to the judge’s decision that she may choose to file. Charge filed by an individual. Chairman Miscimarra and Members Pearce and McFerran participated.
George J. Martin & Son, Inc. (03-CA-188649) Rensselaer, NY, November 8, 2017. No exceptions having been filed to the September 29, 2017 decision of Administrative Law Judge Keltner W. Locke’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.
River Bend Crane and Rigging, Inc. (28-CA-182666) El Paso, TX, November 8, 2017. No exceptions having been filed to the September 29, 2017 decision of Administrative Law Judge Melissa M. Olivero’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 International Association of Bridge, Structural, Ornamental, and Reinforcing Ironworkers, Local 263.
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Appellate Court Decisions
ILWU and Its Locals 8 and 40, AFL-CIO, Board Case No. 19-CC-082533 (reported at 363 NLRB No. 12) and ILWU and Its Locals 8 and 40, AFL-CIO, Board Case No. 19-CC-100903 (reported at 363 NLRB No. 47) (each decided by the D.C. Cir., November 6, 2017)
In a pair of unpublished judgments, the Court enforced the Board’s orders issued against International Longshore and Warehouse Union, AFL-CIO, and its Locals. Both cases arose in the context of a decades-old division of labor between two unions at a marine terminal owned by the Port of Portland and involved the same allegations, but for conduct arising during different time periods.
In both cases, the Board found that ILWU violated Section 8(b)(4)(i) and (ii)(B) by engaging in a series of job actions against neutral employers (ICTSI Oregon, Inc., and the steamship carriers that call on the Port of Portland), with the unlawful “cease doing business” object of seeking the Port’s relinquishment of control over dockside reefer work historically performed by IBEW-represented workers directly employed by the Port. More specifically, the Board found that ILWU engaged in coercive conduct by threatening and organizing work slowdowns against ICTSI, and by filing grievances against ICTSI and the carriers, to pressure them into requiring the Port to reassign the dockside reefer work to ILWU-represented employees. The Board further found that ILWU took those actions with the prohibited secondary object of coercing neutrals ICTSI and the carriers, who lacked the right to control the work, in order to influence the labor practices of the primary employer, the Port. In so ruling, the Board rejected ILWU’s principal defense—that its lawful objective was to preserve work traditionally performed by ILWU-represented employees—on two grounds: (1) that ILWU failed to establish that ILWU-represented employees had traditionally performed the work in question, and (2) that it failed to show that the targeted employers had a right to control the work.
On review, the Court held that the Board’s findings were reasonable and supported by substantial evidence.
The Court’s unpublished judgments may be found here and here.
S. Freedman & Sons, Inc., Board Case Nos. 05-CA-121221 et al. (reported at 364 NLRB No. 82) (4th Cir. decided November 7, 2017)
In an unpublished per curiam opinion, the Court enforced the Board’s order issued against this business that delivers paper and restaurant products to hospitality providers from a facility in Landover, Maryland, where its truck drivers and warehouse workers are represented by Drivers, Chauffeurs and Helpers Local Union No. 639. The Board’s order remedies a number of discriminatory adverse actions the Employer took against its most senior truck driver, who also served as union steward, after he filed unfair-labor-practice charges and participated in a Board hearing in 2014. Specifically, the Board (then-Member Miscimarra and Members Hirozawa and McFerran) found that the Employer violated Section 8(a)(4) and (1) by discharging the employee 5 days before the scheduled hearing and later converting his discharge into an unpaid suspension, and violated Section 8(a)(1) for again discharging him 2 months later when he exercised his contractual right to refuse overtime work. On review, the Court held that substantial evidence supported the Board’s findings and enforced the order.
The Court’s opinion is here.
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Administrative Law Judge Decisions
International Association of Machinists and Aerospace Workers, Talbot Lodge No. 61, AFL-CIO (Cummins, Inc.) (15-CB-192662; JD-91-17) Memphis, TN. Administrative Law Judge Arthur J. Amchan issued his decision on November 8, 2017. Charge filed by an individual.
Alaris Health at Rochelle Park (22-CA-194401; JD(NY)-19-17) Rochelle Park, NJ. Administrative Law Judge Benjamin W. Green issued his decision on November 8, 2017. Charge filed by 1199 SEIU United Health Care Workers East.
Kapstone Paper and Packaging Corporation (19-CA-188182; JD(SF)-47-17) Longview, WA. Administrative Law Judge Mara-Louise Anzalone issued her decision on November 8, 2017. Charge filed by Association of Western Pulp and Paper Workers Local 153, affiliated with the United Brotherhood of Carpenters and Joiners of America.
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