Summary of NLRB Decisions for Week of October 2 - 6, 2017
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
Novato Healthcare Center (20-CA-168351; 365 NLRB No. 137) Novato, CA, September 29, 2017.
The Board unanimously adopted the Administrative Law Judge’s conclusions that the Respondent violated Section 8(a)(3) and (1) by suspending and discharging four employees because of their union activity and a fifth, neutral employee in order to justify its disciplines of the first four. A majority (Members Pearce and McFerran) also adopted the judge’s conclusion that the Respondent violated Section 8(a)(1) by coercively interrogating an employee. Dissenting, Chairman Miscimarra would not have found that the Respondent’s question to the employee was unlawful.
Charge filed by National Union of Healthcare Workers (NUHW-CNA). Administrative Law Judge Amita Baman Tracy issued her decision on April 20, 2017. Chairman Miscimarra and Members Pearce and McFerran participated.
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Southcoast Hospitals Group, Inc. (01-CA-067303; 365 NLRB No. 140) Wareham, MA, October 6, 2017.
Upon remand from the First Circuit Court, the Board dismissed the complaint allegation that the Respondent violated Section 8(a)(3) and (1) by maintaining a hiring/transfer policy that gives preference to unrepresented employees over represented employees when filling positions at the Respondent’s nonunion facilities. Applying the Court’s opinion as the law of the case, the Board concluded that the Respondent established that the policy serves the legitimate and substantial business justification of leveling the playing field between represented and unrepresented employees. The Board also concluded that the Respondent did not violate Section 8(a)(3) and (1) by enforcing the policy, namely, by refusing, based on its application of the policy, to consider and/or hire employees, and by delaying, on the same basis, the hire of an employee.
Charge filed by 1199 SEIU United Healthcare Workers East. Chairman Miscimarra and Members Pearce and McFerran participated.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
Garda CL Atlantic, Inc. (29-RC-197242) Queens, NY, October 3, 2017. The Board denied the Intervenor’s Request to Stay the Election. While Chairman Miscimarra continues to disagree with the Board’s Election Rule, and while Member Kaplan expressed no view as to the revisions made by the Board’s Election Rule, both agreed that it applied here and warranted denial of the Intervenor’s request, without prejudice to the Board’s subsequent consideration of the merits of the pending Request for Review. Petitioner – Special and Superior Officers Benevolent Association. Intervenor – United Federation of Special Police and Security Officers. Chairman Miscimarra and Members Pearce and Kaplan participated.
C Cases
Bragg Investment Co. d/b/a JBA Company (21-CA-198657) San Pedro, CA, October 4, 2017. 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. Charge filed by International Longshore and Warehouse Union, Local 13, Allied Division. Chairman Miscimarra and Members Pearce and Kaplan participated.
FirstEnergy Generation Corp. and/or FirstEnergy Generation, LLC (06-CA-196004) Akron, OH, October 4, 2017. 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. Charge filed by International Brotherhood of Electrical Workers, Local Union 272, AFL-CIO. Chairman Miscimarra and Members Pearce and Kaplan participated.
Horizon Scripted Television, Inc. (28-CA-184635) Santa Fe, NM, October 4, 2017. No exceptions having been filed to the August 7, 2017 decision of Administrative Law Judge Gerald M. Etchingham’s finding that the Respondent had engaged in certain unfair labor practices, the Board adopted the judge’s findings and conclusions, and ordered the Respondent to take the action set forth in the judge’s recommended Order. Charge filed by an individual.
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Appellate Court Decisions
No Appellate Court Decisions involving Board Decisions to report.
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Administrative Law Judge Decisions
Leggett & Platt, Inc. (09-CA-194057 et al.; JD-81-17) Winchester, KY. Administrative Law Judge Andrew S. Gollin issued his decision on October 2, 2017. Charges filed by International Association of Machinists and Aerospace Workers (IAM), AFL-CIO. Errata issued on October 4, 2017 to the decision. Errata Amended Decision.
SBM Site Services, LLC (20-CA-157693, et al.; JD(SF)-41-17) San Francisco, CA. Administrative Law Judge Amita Baman Tracy issued her decision on October 5, 2017. Charges filed by individuals.
Mike-Sell’s Potato Chip Co. (09-CA-094143; JD-84-17) Dayton, OH. Administrative Law Judge David I. Goldman issued his supplemental decision on October 6, 2017. Charge filed by General Truck Drivers, Warehousemen, Helpers, Sales and Service, and Casino Employees, Teamsters Local Union No. 957.
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