Summary of NLRB Decisions for Week of October 17 -21, 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

No Published Decisions Issued.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Starbucks Corporation  (04-RC-301198)  Philadelphia, PA, October 20, 2022.  The Board denied the Employer’s Request for Review of the Regional Director’s Decision and Direction of Election as it raised no substantial issues warranting review.  The Board also denied the Petitioner’s request for the Board to issue a formal reprimand of the Employer and to order the payment of litigation costs.  Petitioner—Workers United a/w SEIU.  Members Kaplan, Wilcox, and Prouty participated.

C Cases

United States Postal Service  (16-CA-276828)  Rosenberg, TX, October 18, 2022.  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 American Postal Workers Union, Houston Area Local 185, a/w American Postal Workers Union, AFL-CIO.  Members Kaplan, Wilcox, and Prouty participated.

ExxonMobil Corporation and its Subsidiaries ExxonMobil Refining and Supply Company, ExxonMobil Fuels & Lubricants Company, and ExxonMobil Chemical Company  (15-CA-273708 and 16-CA-274431)  Baytown, TX, October 18, 2022.  The Board denied the Respondent’s Request for Special Permission to Appeal from the Administrative Law Judge’s order granting, in part, the Unions’ petition to revoke subpoenas duces tecum.  The Board found that the Respondent failed to establish that the judge abused her discretion, or that her rulings cannot be appropriately addressed at a later stage of the proceeding.  Charges filed by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO-CLC.  Members Kaplan, Wilcox, and Prouty participated.

Philander Smith College  (15-CA-278071)  Little Rock, AR, October 19, 2022.  The Board denied the Employer’s Petition to Revoke an investigative subpoena duces tecum as the subpoena sought information relevant to the matter under investigation and described with sufficient particularity the evidence sought, and the Employer failed to establish any other legal basis for revoking the subpoena.  Concurring in part, Member Ring advised the Board to proceed with caution before asserting jurisdiction over entities raising a claim of exemption under NLRB v. Catholic Bishop of Chicago, 440 U.S. 490 (1979), but agreed with the majority that, under extant law, lack of jurisdiction does not provide a basis for revoking an investigative subpoena.  Charge filed by an individual.  Members Ring, Wilcox, and Prouty participated.

J.G. Kern Enterprises, Inc.  (07-CA-231802, et al.)  Sterling Heights, MI, October 21, 2022.  The Board denied the Respondent’s Motion for Reconsideration of the Board’s Decision and Order reported at 371 NLRB No. 91 (2022), on the basis that the Respondent had not identified any material error or demonstrated extraordinary circumstances warranting reconsideration.  Charges filed by Local 228, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW) AFL-CIO.  Chairman McFerran and Members Ring 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

Temple University Hospital, Inc.  (04-CA-244051, et al.; JD-69-22)  Philadelphia, PA.  Administrative Law Judge Arthur J. Amchan issued his decision on October 18, 2022.  Charges filed by Temple University Hospital Allied Health Professionals/ Pennsylvania Association of Staff Nurses and Allied Professionals.

United States Postal Service (16-CA-279233 and 16-CA-287594; JD-60-22) San Antonio, TX, October 19, 2022.  Errata to Administrative Law Judge Donna N. Dawson’s decision of September 29, 2022.  Errata   Amended Decision.

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