Summary of NLRB Decisions for Week of October 23 - 27, 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
Transit Connection, Inc. (01-CA-179805; 365 NLRB No. 143) Edgartown, MA, October 25, 2017.
The Board granted the General Counsel’s Motion for Summary Judgment on the basis that there were no material issues of fact regarding the complaint’s allegations warranting a hearing. The Board found that the Respondent violated Section 8(a)(5) and (1) by failing and refusing to respond to the Union’s request for information that was relevant and necessary to the performance of its duties as the exclusive bargaining-representative of the unit and by failing to furnish the information.
Charge filed by Amalgamated Transit Union Local 1548, AFL-CIO. Chairman Miscimarra and Members Pearce and Kaplan participated.
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JG Restaurant Ventures, LLC d/b/a Big Louie’s Pizza (12-CA-181210; 365 NLRB No. 144) Hollywood, FL, October 27, 2017.
The Board granted the General Counsel’s Motion for Default Judgment based on the Respondent’s withdrawal of its answer to the complaint. The Board found that the Respondent violated Section 8(a)(1) by instructing employees not to discuss wages or other terms and conditions of employment with coworkers, threatening employees with discipline or discharge if they discussed wages or other terms and conditions of employment with coworkers, maintaining and enforcing a rule that includes the discussion of tips and wages as rude or improper behavior, and issuing written warnings and terminating an employee who discussed wages with coworkers.
Charge filed by an individual. Chairman Miscimarra and Members Pearce and Kaplan participated.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
Vida Charter School (05-RC-197557) Gettysburg, PA, October 24, 2017. The Board denied the Employer’s Request for Review of the Acting Regional Director’s Decision and Direction on Challenges as it raised no substantial issues warranting review. The Board also denied the Employer’s Motion to Stay the proceedings and to impound certain challenged ballots. Petitioner – Vida Education Association & Support Professionals, PSEA/NEA. Members McFerran, Kaplan, and Emanuel participated.
The Washington University (14-RC-206299) St. Louis, MO, October 24, 2017. The Board (Members Pearce and McFerran; Chairman Miscimarra, dissenting) denied the Employer’s Requests for Review of the Regional Director’s Order Denying Employer’s Motion to Stay Hearing and Order Denying Employer’s Renewed Motion to Stay Proceedings as they raised no substantial issues warranting review. In denying review, the majority found that the Employer had not made a “clear showing” that extraordinary relief is “necessary under the particular circumstances of the case,” as required by Section 102.67(j)(2) of the Board’s Rules and Regulations. Chairman Miscimarra would have granted the Employer’s Renewed Request for an Immediate Stay based on his dissenting opinion in Columbia University, 364 NLRB No. 90 (2016), that the Board lacks jurisdiction to conduct an election in the petitioned-for unit of graduate students. Further, Chairman Miscimarra noted that he continues to adhere to his dissenting views regarding the Election Rule. Petitioner –Service Employees International Union, Local 1. Chairman Miscimarra and Members Pearce and McFerran participated.
Wolf Creek Nuclear Operating Corporation (14-RC-168543) Burlington, KS, October 27, 2017. The Board denied the Employer’s Request for Review of the Regional Director’s Supplemental Decision as it raised no substantial issues warranting review. The Board further noted that the Petitioner had demonstrated at least one “material differentiating fact” sufficient to warrant relitigation of the managerial status of the employees at issue. Petitioner – International Brotherhood of Electrical Workers, Local 225. Chairman Miscimarra and Members Pearce and McFerran participated.
WestRock Services, Inc. (10-RD-195447) Chattanooga, TN, October 27, 2017. The Board denied the Employer and Petitioner’s joint Request for Review of the Acting Regional Director’s administrative dismissal of the decertification petition, as it raised no substantial issues warranting review. The Board noted that the ARD’s dismissal was consistent with the Board’s blocking charge doctrine, but that the petition may be subject to reinstatement upon final disposition of the blocking unfair labor practice charge. Members Kaplan and Emanuel, while agreeing to deny review here, noted that they would consider revisiting the Board’s current blocking charge policy. Petitioner – an Individual. Union – Graphic Communications Conference, International Brotherhood of Teamsters, Local 197-M. Members McFerran, Kaplan, and Emanuel participated.
C Cases
SL Green Realty Corp. and First Quality Maintenance, joint employers (02-CA-171515) New York, NY, October 25, 2017. The Board denied the Respondents’ separate Motions for Summary Judgment on the basis that the Respondents failed to establish that there are no genuine issues of material fact warranting a hearing and that they are entitled to judgment as a matter of law. The Board’s denial was without prejudice to the Respondents’ right to renew their deferral arguments to the Administrative Law Judge and to raise the deferral issue before the Board on any exceptions that may be filed to the judge’s decision, if appropriate. Charge filed by Service Employees International Union, Local 32BJ. Members McFerran, Kaplan, and Emanuel participated.
IGT d/b/a International Game Technology (28-CA-192062, et al.) Las Vegas, NV, October 25, 2017. The Board denied the Respondent’s partial Motions to Dismiss the claims raised in specified paragraphs in the second consolidated complaint, or in the alternative, Motions 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. Charges filed by International Union of Operating Engineers Local Union 501, AFL-CIO. Members Pearce, McFerran, and Kaplan participated.
B&H Foto & Electronics Corp. (29-CA-191326) Brooklyn, NY, October 27, 2017. The Board denied the Respondent’s Motion to Dismiss, finding that the Respondent failed to establish that the complaint allegations are moot and that there cannot be an appropriate remedy in light of the alleged closure of one of the facilities involved in this proceeding and the alleged impending closure of a second facility. The Board also found 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. In addition, the Board denied the Respondent’s request to hold the upcoming hearing in abeyance. Charge filed by District 2, United Steel, Paper & Forestry, Rubber, Manufacturing, Energy, Allied-Industrial and Service Workers International Union, AFL-CIO-CLC. Members McFerran, Kaplan, and Emanuel 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
Good Shepherd Manor, Inc. (25-CA-191404, et al.; JD-88-17) Bradley, IL. Administrative Law Judge Michael A. Rosas issued his decision on October 23, 2017. Charges filed by American Federation of State, County and Municipal Employees (AFSCME), Council 31, AFL-CIO.
Pomona Valley Hospital Medical Center (21-CA-190102; JD(SF)-44-17) Pomona, CA. Administrative Law Judge Lisa D. Thompson issued her decision on October 23, 2017. Charge filed by Service Employees International Union – United Healthcare Workers – West.
Heartland Coca-Cola Bottling Company, LLC (14-CA-195320; JD-87-17) St. Charles, MI. Administrative Law Judge Andrew S. Gollin issued his decision on October 23, 2017. Charge filed by an individual. Errata issued on October 26, 2017 to the decision. Errata Amended decision.
Alameda Center for Rehabilitation and Healthcare, Inc. (22-CA-180564 and 22-CA-188462; JD(NY)-16-17) Newark, NJ. Administrative Law Judge Kenneth W. Chu issued his decision on October 26, 2017. Charges filed by 1199 Service Employees International Union, United Healthcare Workers East, New Jersey.
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