Summary of NLRB Decisions for Week of October 11-14, 2011
The Weekly Summary 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 Public Affairs at Publicinfo@nlrb.gov or 202-273-1991.
Summarized Board Decisions
Starrs Group Home, Inc. (5-CA-36537; 357 NLRB No. 100) Baltimore, MD, October 14, 2011.
The Acting General Counsel sought a default judgment in this case on the ground that the Respondent failed to file an answer to the complaint. The Board found that the Respondent had engaged in certain unfair labor practices that violated the Act by suspending, assigning less than a full-time work schedule to, and terminating the employment of an employee for having engaged in concerted activities with other employees for the purposes of mutual aid and protection and by discouraging employees from engaging in concerted activities.
Charge filed by an Individual. Chairman Pearce and Members Becker and Hayes participated.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
B & C Fire Protection (10-RC-15801) Acworth, GA, October 11, 2011. In light of Petitioner’s exceptions and brief, the Board adopted the Acting Regional Director’s findings and recommendations, and found that a certification of results of election should be issued. Petitioner – Road Sprinkler Fitters, Local 669. Chairman Pearce and Members Becker and Hayes participated.
St. Xavier University (13-RC-22025) Chicago, IL, October 11, 2011. Order granting motion to file amicus briefs. Petitioner – St. Xavier University Adjunct Facility Organization, IEA-NEA
Pilsen Wellness Center (13-RM-1770) Chicago, IL, October 12, 2011. Order granting Employer-Petitioner’s request for review of the Regional Director’s decision and order. Petitioner – Chicago Alliance of Charter Teachers and Staff, IFT, AFT, AFL-CIO. Chairman Pearce and Members Becker and Hayes participated.
Quantem Aviation Services, Inc. (12-RC-9376) Clearwater, FL, October 12, 2011. Order denying Employer’s request for review of the Acting Regional Director’s decision and direction of election. Petitioner – International Association of Machinists and Aerospace Workers, AFL-CIO. Chairman Pearce and Members Becker and Hayes participated.
New York Health Care, Inc. (29-RC-12064) Brooklyn, NY, October 14, 2011. No exceptions having been filed, the Board adopted the Regional Director’s findings and recommendations, and found that a certification of representative should be issued. Petitioner – 1199, Service Employees International Union, United Healthcare Workers East.
Revera Health Systems d/b/a Montesano Health & Rehabilitation Center (19-UD-00608) Montesano, WA, October 145, 2011. No exceptions having been filed, the Board adopted the Hearing Officer’s findings and recommendation, and found that a certificate of results of election should be issued. Petitioner – an Individual.
C Cases
Leskovar Motors, Inc. (19-CA-32956, et al.) Butte, MT, October 11, 2011. The Board adopted the findings and conclusions of the Administrative Law Judge as contained in the decision and ordered that the Respondent take the action set forth. Charges filed by International Association of Machinists and Aerospace Workers, AFL-CIO, Local 88.
Human Services Projects, Inc. d/b/a Teen Triumph (32-CA-25262) Stockton, CA, October 13, 2011. Order denying Respondent’s motion to dismiss or reject charging party’s exceptions. Charge filed by an Individual.
Salem Hospital Corporation a/k/a The Memorial Hospital of Salem County (4-CA-64455) October 13, 2011. Order transferring proceeding to the Board and notice to show cause why the Acting General Counsel’s motion should not be granted. Charge filed by Health Professionals and Allied Employees (HPAE).
Durham School Services, LLC (13-CA-46768) Grayslake, IL, October 13, 2011. Order denying petition to revoke and/or quash subpoena. Charge filed by Teamsters Local 301 a/w International Brotherhood of Teamsters. Chairman Pearce and Members Becker and Hayes participated.
Cardinal Electric and Renovation, LLC, and BB Electrical, Inc. and 3 Rivers Electrical Contracting, LLC as alter egos and/or Single Employer. (14-CA-30392, et al.) Arnold, MO, October 14, 2011. Order denying Employers’ petition to revoke subpoena. Charges filed by International Brotherhood of Electrical Workers, Local 309. Chairman Pearce and Members Becker and Hayes participated.
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Appellate Court Decision
Trump Marina Associates, No. 4-CA-35334 (published at 355 NLRB No. 208) (D.C. Cir., decided October 14, 2011)
In an unpublished decision, the D.C. Circuit denied the Employer’s petition for review and enforced in full the Board’s order, finding that the Employer unlawfully interrogated employees, threatened to penalize them, threatened them with job loss, threatened them that selecting a union would be futile, and suspended and disciplined a leading union advocate.
The Court determined that, while the interrogations involved “brief and relatively informal” conversations, the record supported the Board’s conclusion that, under the totality of circumstances, they were direct attempts to elicit or influence employees’ union views. It further found that a manager’s comments that he would not be able to correct scheduling errors in the same way if the employees were represented by a union were threats to change company practice if employees voted for the union. Next, the Court found that a supervisor’s speculation about layoffs was not based on any objective fact and did not reflect his belief in “demonstrably probable consequences outside [the Employer’s] control.” The Court agreed that a supervisor’s comments that management would not negotiate constituted a threat of futility. The Court also agreed that the Employer’s suspension and discipline of a union advocate violated Section 8(a)(3) and (1) where the main employer witness was not credible and the Employer’s explanation for the suspension—that the employee had sworn at his supervisor—was pretext.
Lastly, the Court denied the Employer’s challenge to the Board’s ordering a second election because it is not a “final” order and therefore the Court lacked jurisdiction to review that claim.
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Decisions of Administrative Law Judges
Dish Network Service, LLC (29-CA-30578, et al.; JD(NY)-39-11) Farmingdale, NY. Charges filed by Communication Workers of America, Local 1108. Administrative Law Judge Raymond P. Green issued his decision October 12, 2011.
HTH Corporation, Pacific Beach Corporation, and COA Management, LLC, a Single Employer, d/b/a Pacific Beach Hotel (37-CA-07311, et al.; JD(SF)- 41-11) Honolulu, HI. Charges filed by International Longshore and Warehouse Union, Local 142. This case was heard by Administrative Law Judge James M. Kennedy. At the time of the remand, Judge Kennedy had retired. By a correction dated July 11, 2011, the Board remanded the issue to the Chief, Administrative Law Judge who designated Administrative Law Judge Mary M. Cracraft to decide the issue on remand. Judge Cracraft issued her supplemental decision on remand October 14, 2011.
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