Summary of NLRB Decisions for Week of November 8 - 12, 2021

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

All Steel Iron Works, Inc. d/b/a ASIW, LLC and ASIW, Inc. (13-CA-274040; 371 NLRB No. 24) Joliet, IL, November 10, 2021.  Errata to August 27, 2021 Decision.  Errata   Amended Decision.

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Fly High Farmington LLC d/b/a Fly High Farmington Trampoline Park (28-CA-274664; 371 NLRB No. 36) Farmington, NM, November 10, 2021.

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 discharging an employee because she engaged in protected concerted activities and to discourage employees from engaging in such activities.

Charge filed by an individual.  Chairman McFerran and Members Kaplan and Wilcox participated.

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Thryv, Inc. (20-CA-250250 and 20-CA-251105; 371 NLRB No. 37) San Francisco, CA, November 10, 2021.

The Board issued a Notice and Invitation to File Briefs, inviting the parties and interested amici to address the following questions: (1) Should the Board modify its traditional make-whole remedy in all pending and future cases to include relief for consequential damages, where these damages are a direct and foreseeable result of a respondent’s unfair labor practice? (2) Alternatively, should the make-whole remedy include relief for consequential damages only upon findings of egregious violations by a respondent? (3) If consequential damages are to be included in make-whole relief, how should they be proved, and what would be required to demonstrate that they are a direct and foreseeable result of an employer’s unfair labor practice? (4) What considerations support making the proposed change to the Board’s traditional make-whole remedies? and (5) What considerations support retaining the Board’s traditional exclusion of consequential damages from its make-whole remedies?  The parties and amici may file briefs with the Board by December 27, 2021, with the parties permitted to file responsive briefs by January 11, 2022.

Charges filed by International Brotherhood of Electrical Workers, Local 1269.  Administrative Law Judge John T. Giannopoulos issued his decision on April 23, 2021.  Chairman McFerran and Members Kaplan, Ring, Wilcox, and Prouty participated.

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Profex, Inc. (02-CA-269500, et al.; 371 NLRB No. 35) Newburgh, NY, November 12, 2021.

The Board granted the General Counsel’s Motion for Default Judgment based on the Respondent’s failure to file an answer to the consolidated complaint.  The Board found that the Respondent violated Section 8(a)(5) and (1) by failing and refusing to furnish information requested by the Union, failing and refusing to bargain with the Union, and failing to continue in effect the terms and conditions of employment described in the collective-bargaining agreement with the Union.

Charges filed by International Union of Operating Engineers, Local 825.  Chairman McFerran and Members Ring and Wilcox participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Sp0n, Inc., d/b/a Citizen (02-RC-283400) New York, NY, November 9, 2021.  The Board denied the Employer’s Request for Review of the Regional Director’s mail ballot determination as it raised no substantial issues warranting review.  The Board also denied the Employer’s request for a stay of the election as moot.  Petitioner—Communications Workers of America, AFL-CIO.  Members Kaplan, Wilcox, and Prouty participated.

Starbucks Corporation (03-RC-282115, et al.) Buffalo, NY, Hamburg, NY, and Cheektowaga, NY, November 12, 2021.  The Board denied the Employer’s Motion to Stay the Mailing of Ballots Pending the Outcome of its Request for Review and for Oral Argument.  Petitioner—Workers United.  Members Kaplan, Wilcox, and Prouty participated.

C Cases

Home Depot USA, Inc. (18-CA-273796) Minneapolis, MN, November 9, 2021.  The Board denied the Respondent’s Motion for Summary Judgment, finding that the Respondent failed to establish that there are no genuine issues of material fact warranting a hearing and that it is entitled to judgment as a matter of law.  Charge filed by an individual.  Chairman McFerran and Members Kaplan and Wilcox participated.

Ford Motor Company (13-CA-275909) Chicago, IL, November 9, 2021.  The Board denied the Respondent’s Motion to Dismiss the Complaint, finding that the Respondent failed to demonstrate that the complaint fails to state a claim upon which relief can be granted.  The Board also found no merit in the Respondent’s contention that service of the complaint was ineffective.  Charge filed by an individual.  Chairman McFerran and Members Kaplan and Wilcox 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

No Administrative Law Judge Decisions Issued.

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