Summary of NLRB Decisions for Week of November 6 - 9, 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
Littco Metals, LLC (15-CA-297643; 372 NLRB No. 155) West Point, MS, November 8, 2023.
The Board granted the General Counsel’s Motion for Default Judgment based on the Respondent’s failure to file an answer to the complaint and compliance specification. The Board found that the Respondent violated Section 8(a)(1) by maintaining and enforcing an overbroad confidentiality rule; issuing numerous coercive statements/threats; interrogating employees about their protected activities; creating the impression that protected activities were under surveillance; and discharging an employee because he discussed, or the Respondent believed he discussed, wages with other employees, and/or for violating the unlawful confidentiality rule.
Charge filed by an individual. Members Kaplan, Prouty, and Wilcox participated.
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ECS Roofing Professionals, Inc. (13-CA-301694; 372 NLRB No. 154) Waukegan, IL, November 8, 2023.
The Board granted the General Counsel’s Motion for Default Judgment based on the Respondent’s failure to file an answer to the complaint. The Board found that the Respondent violated Section 8(a)(1) by interfering with union representatives’ demonstrations on a public parkway outside the Respondent’s facility by, among other things, placing physical barriers in their way, telling them to move and falsely stating they were on private property, calling the fire department and persuading a city official to have a fire lane painted on public property, and causing the police to issue parking citations to the union demonstrators for parking in the newly created fire lane; by issuing various threats to the union demonstrators; and by surveilling the union demonstrators by taking pictures of them.
Charge filed by Laborers International Union of North America, Local 1. Chairman McFerran and Members Kaplan and Prouty participated.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
No Unpublished R Cases Issued.
C Cases
United States Postal Service (12-CA-302907) Gainesville, FL, November 7, 2023. In this case alleging Section 8(a)(5) and (1) violations, the Board approved a formal settlement stipulation between the Respondent, the Charging Party, and the General Counsel, and specified actions the Respondent must take to comply with the Act. Charge filed by National Association of Letter Carriers, Branch 1025, AFL-CIO. Members Kaplan, Prouty, and Wilcox participated.
Starbucks Corporation (19-A-296356, et al.) Everett, WA, November 7, 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 electronically stored information in its native format or, alternatively, in searchable PDF format as well as a TIFF+ format; and (2) be prepared to produce documents included a privilege log for an in-camera if required. The Board noted that the Respondent produced documents responsive to the subpoena in TIFF+ format alone but no in-camera inspection of subpoenaed documents was required. As the hearing had concluded, the Board found that there was no need for interlocutory relief 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. Charges filed by Workers United Labor Union International, a/w Service Employees International Union. Members Kaplan, Prouty, and Wilcox participated.
Curaleaf NY, LLC (29-CA-29837) Brooklyn, NY, November 8, 2023. No exceptions having been filed to the September 25, 2023 decision of Administrative Law Judge Michael P. Silverstein’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 Local 338 RWDSU/UFCW, AFL-CIO.
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Appellate Court Decisions
No Appellate Court Decisions involving Board Decisions to report.
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Administrative Law Judge Decisions
United Electrical Contractors, Inc., d/b/a United Electrical Contractors (07-CA-291548, et al.; JD-74-23) Lansing, MI. Administrative Law Judge Paul Bogas issued his decision on November 9, 2023. Charges filed by Local 252, International Brotherhood of Electrical Workers (IBEW), AFL-CIO.
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