Summary of NLRB Decisions for Week of October 11 - 14, 2016
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 Decisions Issued
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
Public Service Company of Colorado (27-RC-162657) Denver, CO, October 11, 2016. The Board granted the Employer’s Request for Review of the Acting Regional Director’s Decision and Direction of Election solely with regard to whether the petitioned-for employees share a community of interest with employees in the bargaining unit. The Request for Review was denied in all other respects. Chairman Pearce dissented in part and would deny review in its entirety. Petitioner ‒ International Brotherhood of Electrical Workers, Local 111, AFL-CIO. Chairman Pearce and Members Miscimarra and McFerran participated.
C Cases
Kent Security of Naples, Inc. d/b/a Kent Security and Kent Security Services, Inc. (12-CA-169912) Marco Island, FL, October 13, 2016. 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 Pearce and Members Miscimarra and McFerran participated.
Wal-Mart Stores, Inc. (28-CA-167277) Gilbert, AZ, October 13, 2016. No exceptions having been filed to the August 31, 2016 decision of Administrative Law Judge Gerald M. Etchingham’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
FedEx Freight, Inc., Board Case No. 32-CA-164936 (reported at 363 NLRB No. 126) (7th Cir. decided October 12, 2016)
In a published opinion, the court (Circuit Judges Posner, Ripple, and Rovner) enforced the Board’s bargaining order and rejected the Employer’s argument that a unit of its road and city drivers that International Brotherhood of Teamsters, Local 439, sought to represent at the Stockton, California facility was not an appropriate unit because dockworkers were not included.
In doing so, the court rejected challenges to the Board’s standard for determining whether a proposed bargaining unit is an appropriate unit as clarified in Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB No. 83 (2011). Thereby, the Seventh Circuit joined the Third, Fourth, Fifth, Sixth, and Eighth Circuits in rejecting such challenges.
The court’s opinion is here.
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Administrative Law Judge Decisions
Viejas Band of Kumeyaay Indians d/b/a Viejas Casino & Resort (21-CA-166290; JD(SF)-40-16) San Diego, CA. Administrative Law Judge Mara-Louise Anzalone issued her decision on October 11, 2016. Charge filed by United Food and Commercial Workers International Union, Local 135, AFL-CIO.
Ready Jet, Inc. (01-CA-132326, 01-CA-140878, 01-CA-155263, 01-CA-159503 and 01-CA-159509; JD(NY)-38-16) Boston, MA. Administrative Law Judge Kenneth W. Chu issued his decision on October 12, 2016. Charges filed by 32BJ SEIU New England 615.
TBC-Tire & Battery Corporation d/b/a TBC Corporation and TBC Retail Group, Inc., a wholly-owned subsidiary of TBC-Tire & Battery Corporation d/b/a TBC Corporation (12-CA-157478 and 12-CA-170543; JD-99-16) Palm Beach Gardens, FL. Administrative Law Judge Michael A. Rosas issued his decision on October 14, 2016. Charges filed by an individual.
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