Summary of NLRB Decisions for Week of October 11 -14, 2022

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

VNS Federal Services, LLC  (09-CA-262035 and 09-CB-262047; 371 NLRB No. 144)  Pike County, OH, October 12, 2022.  Errata to September 27, 2022 Decision.  Errata   Amended Decision.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Saint Alphonsus Medical Center – Ontario, Inc.  (19-RC-296056)  Ontario, OR, October 12, 2022.  The Board denied the Petitioner’s Request for Review of the Regional Director’s determination not to impound the ballots under Section 103.20 of the Board’s Rules and Regulations as it raised no substantial issues warranting review.  Chairman McFerran and Members Wilcox and Prouty expressed their openness to revisiting the Board’s decision in Johnson Controls, Inc., 368 NLRB No. 20 (2019).  Petitioner—Oregon Nurses Association.  Chairman McFerran and Members Wilcox and Prouty participated.

Starbucks Corporation  (19-RC-289455)  Seattle, WA, October 13, 2022.  The Board denied the Employer’s Request for Review of the Regional Director’s Decision on Objection and Order Directing Re-Run Election as it raised no substantial issues warranting review.  In denying review, the Board found that the Regional Director did not abuse his discretion in directing that the rerun election be held by mail ballot as the parties had agreed that the initial election be held by that method.  In addition, the Board majority (Members Wilcox and Prouty) found that the Regional Director properly applied its decision in Aspirus Keweenaw, 370 NLRB No. 45 (2020) regarding the direction of mail ballots during the COVID pandemic, noting that its revision of the Aspirus framework set out in Starbucks Corp., 371 NLRB No. 154 (2022) applies only prospectively to cases issuing after decision.  Petitioner—Workers United.   Members Kaplan, Wilcox, and Prouty participated.

C Cases

No Unpublished C Cases Issued.

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Appellate Court Decisions

No Appellate Court Decisions involving Board Decisions to report.

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Administrative Law Judge Decisions

Starbucks Corporation  (14-CA-290968, et al.; JD-66-22)  Overland Park, KS.  Administrative Law Judge Arthur J. Amchan issued his decision on October 12, 2022.  Charges filed by Chicago and Midwest Regional Joint Board, Workers United, SEIU.

Bannum Place of Saginaw, LLC and Bannum, Inc., a Single Employer, and/or Joint Employers and/or a Parent Corporation  (07-CA-207685, et al.; JD-67-22)  Detroit, MI.  Administrative Law Judge Sharon Levinson Steckler issued her supplemental decision on October 14, 2022.  Charges filed by Local 406, International Brotherhood of Teamsters (IBT) and an individual.

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