Summary of NLRB Decisions for Week of October 2 - 6, 2023

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

Sun Holdings, Inc. and Florida Pop, LLC d/b/a Popeye’s Louisiana Kitchen  (12-CA-282050; 372 NLRB No. 150)  Tampa, FL, October 3, 2023.

The Board granted the General Counsel’s Motion for Default Judgment based on the Respondents’ noncompliance with the provisions of the parties’ informal settlement agreement.  The Board found that Respondents violated Section 8(a)(1) by maintaining and applying an overly broad Confidentiality and Non-Disclosure Agreement and requiring employees to sign it.  The Board further found that the Respondent Florida Pop, LLC violated Section 8(a)(1) by maintaining a Co-Worker Handbook that includes overbroad rules and a Mutual Agreement to Arbitrate and that it also violated Section 8(a)(3) and (1) by threatening its employees that they would not be scheduled to work and reducing the work hours or discharging employees because they engaged in a strike.  The Board ordered the Respondents to comply with the unmet terms of the settlement agreement approved by the Regional Director, including notice-mailing and electronic-distribution remedies in the event any of the involved facilities were closed.   Dissenting in part, Member Kaplan would not order these remedies because, in his view, they were not expressly agreed to by the parties.

Charge filed by Service Employees International Union.  Members Kaplan, Prouty, and Wilcox participated.

***

Wendt Corporation  (03-CA-212225, et al.; 372 NLRB No. 135)  Cheektowaga, NY, October 5, 2023.  Errata to august 26, 2023 Supplemental Decision.  Errata   Amended Decision.

***

Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Starbucks Corporation  (14-RC-292753)  Kansas City, MO, October 3, 2023.  The Board granted the Employer’s Request for Review of the Regional Director’s Decision on Objections and Certification of Representative as it raised substantial and material issues that can best be resolved after a hearing.  In the interest of ensuring the fairness and validity of the Board’s election processes, the Board remanded the case to the Regional Director for consideration of the Employer’s Objections.  Petitioner—Chicago & Midwest Regional Joint Board—Workers United/SEIU.  Chairman McFerran and Members Kaplan and Prouty participated.

C Cases

Hudson Institute of Process Research, f/k/a Hudson, a Professional Corporation and HIPR Pacsoft Technologies Inc., a Joint Employer  (06-CA-281972, et al.)  Pittsburgh, PA, October 3, 2023.  The Board granted the General Counsel’s Request for Special Permission to Appeal the Administrative Law Judge’s order that, one week prior to the start of the hearing, granted the Respondent’s motion for an in-person hearing and set the hearing location for Chicago.  The Board indefinitely postponed the hearing pending its decision on the merits of the appeal.  Charges filed by United Electrical, Radio & Machine Workers of America.  Members Kaplan, Prouty, and Wilcox participated.

Metro Man IV, LLC d/b/a Fountain Bleu Health and Rehabilitation Center, Inc.  (07-CA-264407)  Livonia, MI, October 4, 2023.  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.  Member Kaplan joined his colleagues in denying the petition, despite having dissented in relevant part in the underlying decision.  Charge filed by SEIU Healthcare Michigan.  Members Kaplan, Prouty, and Wilcox participated.

***

Appellate Court Decisions

No Appellate Court Decisions involving Board Decisions to report.

***

Administrative Law Judge Decisions

Starbucks Corporation  (10-CA-298974; JD-68-23)  Covington, GA, October 4, 2023.  Errata to September 29, 2023 decision.  Errata   Amended Decision.

Starbucks Corporation  (21-CA-294571; JD(SF)-30-23)  Los Angeles, CA.  Administrative Law Judge Brian D. Gee issued his decision on October 6, 2023.  Charge filed by Workers United, a/w Service Employees International Union.

HSA Cleaning Inc.  (22-CA-298853; JD(NY)-17-23)  East Rutherford, NJ, October 6, 2023.  Errata to September 28, 2023 decision.  Errata   Amended Decision.

***

To have the NLRB’s Weekly Summary of Cases delivered to your inbox each week, please subscribe here.