Summary of NLRB Decisions for Week of October 7 - 11, 2024
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
CenturyTel of Montana, Inc., a subsidiary of Lumen Technologies, Inc. f/k/a CenturyLink, Inc. (19-CA-283839; 373 NLRB No. 128) Kalispell, MT, October 10, 2024.
The Board (Chairman McFerran and Member Prouty; Member Kaplan, dissenting) adopted the Administrative Law Judge’s conclusion that the Respondent violated Section 8(a)(5) and (1) by failing and refusing to furnish information requested by the Union. The Board found that the Union demonstrated that the request for nonunit information was relevant to the Union’s performance of its statutory duties at the time the request was made, and that the relevance of the information should have been apparent to the Respondent under the circumstances. The Board found that the relevance of the request was established at the unfair labor practice hearing in accordance with current precedent. Dissenting, Member Kaplan would dismiss the allegation because the Union did not demonstrate the relevance of the information, nor is there a basis for the conclusion that its relevance should have been apparent to the Respondent. Member Kaplan would apply Hertz Corp. v. NLRB, 105 F.3d 868 (3d Cir. 1997) to determine whether the Union met its burden of establishing relevance.
Charge filed by International Brotherhood of Electrical Workers, Local 768. Administrative Law Judge Mara-Louise Anzalone issued her decision on December 6, 2022. Chairman McFerran and Members Kaplan and Prouty participated.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
Northwestern Corporation, d/b/a Northwestern Energy (NWE) (18-RM-332507) Sioux Falls, SD, October 9, 2024. 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 Employer's request to impound the ballots as moot. Union— International Brotherhood of Electrical Workers, Local 426. Members Kaplan, Prouty, and Wilcox participated.
C Cases
Link Transportation Corp. and Olivier Inc, joint employers (16-CA-289847) Merrillville, TN, October 7, 2024. No exceptions having been filed to the May 30, 2024 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 Amalgamated Transit Union Local No. 1338.
Amazon.com Services LLC (29-CA-261755) Staten Island, NY, October 8, 2024. The Board denied the Respondent’s Motion to Dismiss or, in the alternative, for recusal. The Board found that none of the Respondent’s arguments was timely raised. The Board noted that the Respondent failed to raise its claim that the Board unconstitutionally exercises both prosecutorial and adjudicative authority in exceptions to the Administrative Law Judge’s original and supplemental decisions. The Board further found that this claim would not warrant dismissal even if timely raised. As to the Respondent’s contentions that Board members and Administrative Law Judges are unconstitutionally insulated from Presidential removal, the Respondent failed to raise them in its answers to the complaint or before the judge; the Board thus found that these claims were also waived. Charge filed by an individual. Chairman McFerran and Members Prouty and Wilcox participated.
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Appellate Court Decisions
Art Directors Guild, Board Case No. 31-CA-268924 (reported at 372 NLRB No. 123) (9th Cir. Oct. 9, 2024).
In an unpublished decision, the Ninth Circuit dismissed the petition filed by the Charging Party for review of the Board’s dismissal of the complaint that alleged that the Art Directors Guild, Local 800, IATSE, unlawfully discharged her in retaliation for her union activity. The Charging Party worked for many years as an accountant in the Guild’s office in Studio City, California. In more recent years, the Guild began taking steps to remove her after a series of incidents of financial mismanagement. In 2019, the accountant and a co-worker successfully led an organizing campaign among Guild employees and obtained representation by the Office & Professional Employees International Union, Local 537, AFL-CIO. During the campaign, the Guild issued her a final warning that her performance needed to improve, or her employment would be terminated. Six months after Local 537 was certified as the employees’ representative, she was discharged.
The Board (Chairman McFerran and Members Kaplan and Wilcox) dismissed the complaint. Applying the Wright Line test for allegations of discriminatory discharge in violation of Section 8(a)(3) and (1), the Board concluded that, even assuming that the accountant’s discharge was unlawfully motivated, the Guild had shown that it would have taken the same action even in the absence of her protected conduct. Among other evidence, the Board noted that the Guild’s dissatisfaction with her job performance predated her union activity, and that her discharge occurred after she failed to meet a deadline that her final warning specified would be grounds for termination.
On review, the Court held that substantial evidence supported the Board’s determination that the Guild had carried the burden of proving its Wright Line affirmative defense. The Court found no merit in the Charging Party’s challenges to the Board’s decision, and affirmed the Board’s dismissal of the complaint.
The Court’s decision is here.
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Administrative Law Judge Decisions
The Southern Poverty Law Center, Inc. (05-CA-323303; JD-54-24) Washington, DC. Administrative Law Judge Robert A. Giannasi issued his decision on October 10, 2024. Charge filed by Washington-Baltimore News Guild, Local 32035, a/w The News Guild – Communications Workers of America, AFL-CIO, CLC.
Starbucks Corporation (32-CA-292897 and 32-CA-292899; JD(SF)-29-24) Santa Cruz, CA. Administrative Law Judge Lisa D. Ross issued her decision on October 10, 2024. Charges filed by Workers United a/w Service Employees International Union.
NTT Data Americas, Inc. (07-CA-320089; JD-62-24) Detroit, MI. Administrative Law Judge G. Rebekah Ramirez issued her decision on October 10, 2024. Charge filed by an individual.
OrganicLife, LLC (13-CA-328056; JD-63-24) Indianapolis, IN. Administrative Law Judge Paul Bogas issued his decision on October 11, 2024. Charge filed by UNITE HERE Local 1.
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