Summary of NLRB Decisions for Week of September 10 - 14, 2018

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

JP Morgan Chase & Co. and Chase Investment Services Corp., now doing business as JP Morgan Securities, LLC, joint employers  (02-CA-098118; 367 NLRB No. 3)  New York, NY, September 12, 2018.

The Board found that, in light of the Supreme Court’s decision in Epic Systems Corp. v. Lewis, 138 S. Ct. 1612 (2018), which overruled the Board’s decision in Murphy Oil USA, Inc., 361 NLRB 774 (2014), enf. denied in relevant part, 808 F.3d 1013 (5th Cir. 2015), the complaint must be dismissed.  The Administrative Law Judge had found that the Respondents’ maintenance of its Dispute Resolution Policy, that requires employees, as a condition of employment, to waive their rights to pursue class or collective actions involving employment-related claims in all forums, whether arbitral or judicial, violated the Act under the Board’s decisions in D. R. Horton, 357 NLRB 2277 (2012), enf. denied in relevant part 737 F.3d 344 (5th Cir. 2013), and Murphy Oil.

Charge filed by individuals.  Administrative Law Judge Steven Fish issued his decision on August 21, 2013.  Members McFerran, Kaplan, and Emanuel participated.

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Mastec, Inc.  (12-CA-153478 and 12-CA-154795; 367 NLRB No. 2)  Miami, FL, September 13, 2018.

The Board found that, in light of the Supreme Court’s decision in Epic Systems Corp. v. Lewis, 138 S. Ct. 1612 (2018), which overruled the Board’s decision in Murphy Oil USA, Inc., 361 NLRB 774 (2014), enf. denied in relevant part, 808 F.3d 1013 (5th Cir. 2015), the complaint must be dismissed.  The Administrative Law Judge had found that the Respondents’ maintenance and enforcement of a Dispute Resolution Policy that requires employees, as a condition of employment, to waive their rights to pursue class or collective actions involving employment-related claims in all forums, whether arbitral or judicial, violated the Act under the Board’s decisions in D. R. Horton, 357 NLRB 2277 (2012), enf. denied in relevant part 737 F.3d 344 (5th Cir. 2013), and Murphy Oil.

Charges filed by individuals.  Administrative Law Judge Michael A. Rosas issued his decision on August 31, 2016.  Chairman Ring and Members McFerran and Kaplan participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Columbia Sussex  (19-RD-223516)  Anchorage, AK, September 12, 2018.  The Board denied the Employer’s Request for Review of the Regional Director’s determination to hold the petition in abeyance pending resolution of the outstanding unfair labor practice charges as it raised no substantial issues warranting review.  Petitioner—an individual.  Union—UNITE HERE! Local 878.  Chairman Ring and Members McFerran and Kaplan participated.

C Cases

Loshaw Thermal Technology, LLC  (05-CA-158650)  Spring Grove, PA, September 11, 2018.  The Board issued a Notice and Invitation to File Briefs, which invited the parties and interested amici to file briefs on the issue of whether the Board should adhere to, modify, or overrule its decision in Staunton Fuel & Material, 335 NLRB 717 (2001); if the Board were to overrule Staunton Fuel, what standard should the Board adopt; and even if the Board modifies or overrules Staunton Fuel, should the Board adhere to, modify, or overrule its decision in Casale Industries, 311 NLRB 951 (1993).  Briefs are due to be filed with the Board by October 26, 2018, with the parties permitted to file responsive briefs.  Charge filed by International Association of Heat and Frost Insulators and Asbestos Workers, Local Union No.23.  Chairman Ring, and Members McFerran, Kaplan, and Emanuel participated.

Hayward Laboratories, Inc.  (04-CA-213560)  East Stroudsburg, PA, September 14, 2018.  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 International Brotherhood of Teamsters Local 773.  Members McFerran, Kaplan, and Emanuel participated.

Law Office of Nancy L. Cavey, PLLC  (12-CA-211512)  St. Petersburg, FL, September 14, 2018.  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 an individual.  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

Interstate Management Company, LLC As Agent For Bre Newton Hotels Property Owner, LLC d/b/a Residence Inn By Marriott Santa Fe All-Suites Hotel  (28-CA-206663; JD(SF)-27-18) Albuquerque, NM.  Administrative Law Judge John T. Giannopoulos issued his decision on  September 11, 2018.  Charge filed by Residence Marriott Committee.

Truck Drivers, Chauffeurs and Helpers Local Union No. 100, affiliated with the International Brotherhood of Teamsters (Wicked Films, LLC)  (09-CB-214166; JD-55-18)  Newport, KY.  Administrative Law Judge Andrew S. Gollin issued his decision on September 11, 2018.  Charge filed by an individual.  Erratum issued September 13, 2018.  Erratum   Amended Decision

XPO Cartage, Inc.  (21-CA-150873, et al.; JD-57-18)  Commerce, CA.  Administrative Law Judge Christine E. Dibble issued her decision on September 12, 2018.  Charges filed by International Brotherhood of Teamsters.

United States Postal Service  (05-CA-180590; JD-58-18)  Alexandria, VA.  Administrative Law Judge Arthur J. Amchan issued his decision on September 14, 2018.  Charge filed by an individual.

Barnard College  (02-CA-200574; JD-56-18)  New York, NY.  Administrative Law Judge Geoffrey Carter issued his decision on September 14, 2018.  Charge filed by UAW Local 2110.

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