Summary of NLRB Decisions for Week of October 23 - 27, 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

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 375 (Wolf Creek Federal Services, Inc.)  (19-CD-300868; 372 NLRB No. 153)  Anchorage, AK, October 26, 2023.

The Board found that this case was not appropriate for resolution under Section 10(k) and quashed the notice of hearing. The Board found that the evidence failed to show that the Local 375 Trust Funds were acting as agents of Local 375 when they filed an ERISA lawsuit in federal district court against Wolf Creek Federal Services, Inc.  Thus, the Board found that the conduct did not give rise to a jurisdictional dispute within the meaning of Sections 10(k) and 8(b)(4)(D).

Charge filed by Wolf Creek Federal Services, Inc. Chairman McFerran and Members Kaplan and Prouty participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

No Unpublished R Cases Issued.

C Cases

US Brick, LLC  (10-CA-303413)  Bessemer, AL, October 23, 2023.  The Board denied the Respondent’s Motion 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.  Charge filed by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, Local 56. Members Kaplan, Prouty, and Wilcox participated.

Starbucks Corporation  (19-CA-296765, et al.)  Portland, OR, October 27, 2023.  The Board denied the Respondent’s Request for Special Permission to Appeal the Administrative Law Judge’s rulings ordering the Respondent to: (1) produce documents in native format, PDF format, or as maintained in the normal course of business; (2) produce its custodian(s) of records at the outset of the hearing; and (3) disclose its use of Technology Assisted Review (“TAR”) or similar analytical software, and specific parameters of such use, to the General Counsel.  The Board noted that the Respondent refused to comply with the judge’s rulings and the hearing had closed. The Board therefore concluded that there was no need for interlocutory relief in this matter, but noted that its denial of permission to appeal was without prejudice to the Respondent’s right to renew its objections before the Board on exceptions, if appropriate.  Charges filed by Workers United Labor Union International, a/w Service Employees International Union. Members Kaplan, Prouty, and Wilcox participated.

Mexican Radio Corp. and Mexican Radio Hudson LLC, Mexican Radio Schenectady LLC, and Bread and Roses LLC, a single integrated enterprise and/or single employer  (02-CA-168989)  New York, NY, October 27, 2023.  No exceptions having been filed to the September 11, 2023 decision of Administrative Law Judge Jeffrey D. Wedekind’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

Starbucks Corporation  (32-CA-298607 and 19-CA-305406; JD(SF)-32-23)  San Pablo, CA. Administrative Law Judge Robert A. Ringler issued his decision on October 23, 2023.  Charges filed by Workers United a/w Service Employees International Union.

Upper Manhattan Mental Health Center, Inc.  (02-CA-306264; JD(NY)-18-23)  New York, NY.  Administrative Law Judge Benjamin W. Green issued his decision on October 25, 2023.  Charge filed by 1199 SEIU United Healthcare Workers.

Ark Fabricators, Inc.  (10-CA-291560; JD-73-23)  Savannah, GA.  Administrative Law Judge G. Rebekah Ramirez issued her decision on October 26, 2023.  Charge filed by Georgia Carolina Pipe Trades Association a/w the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO.

Starbucks Corporation  (20-CA-298631, et al.; JD(SF)-33-23)  Mill Valley and West Roseville, CA.  Administrative Law Judge Eleanor Laws issued her decision on October 27, 2023. Charges filed by Workers United.

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