Summary of NLRB Decisions for Week of September 16 - 20, 2019
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
Tecnocap LLC (06-CA-216499; 368 NLRB No. 70) Glen Dale, WV, September 16, 2019.
The Board adopted the Administrative Law Judge’s conclusion that the Respondent violated Section 8(a)(5) and (1) by: (1) partially implementing its last, best, and final offer, without reaching good faith impasse, through its unilateral implementation of new job classifications; (2) locking out Union members in support of a demand that the Union agree to a contract provision to change the scope of the bargaining unit; and (3) bypassing the Union and dealing directly with unit employees by offering them employment during a partial lockout on the condition that they abandon their Union membership. The Board also adopted the judge’s findings that the Respondent violated Section 8(a)(1) by telling employees that it would only lock-out Union members and by impliedly soliciting their resignations from the Union, and violated Section 8(a)(3) and (1) by locking out unit employees who are Union members while permitting unit employees who are not Union members to continue working. Finally, the Board denied the Charging Party’s request for extraordinary remedies.
Charge filed by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (USW), AFL-CIO, CLC. Administrative Law Judge Michael A. Rosas issued his decision on April 5, 2019. Chairman Ring and Members Kaplan and Emanuel participated.
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Littlejohn Electrical Solutions, LLC (16-CA-214170; 368 NLRB No. 76) Denton, TX, September 17, 2019.
The Board adopted the Administrative Law Judge’s conclusion that the Respondent violated Section 8(a)(5) and (1) by withdrawing recognition from the Union, repudiating its contract with the Union, and hiring employees outside the contractual hiring hall. In doing so, the Board rejected the Respondent’s argument that the charge should have been deferred to arbitration, reasoning that the Respondent had not raised that contention to the judge and the Board does not defer charges when an employer has repudiated the contract that provides for arbitration. The Board similarly rejected the Respondent’s contention that the Union operated an illegal hiring hall as waived and unsupported by the record. Finally, the Board found no merit in the Respondent’s contention that the Union breached the collective-bargaining agreement, as the record does not support that contention and mere breaches of an 8(f) agreement do not nullify that agreement.
Charge filed by International Brotherhood of Electrical Workers, Local Union No. 20. Administrative Law Judge Robert A. Ringler issued his decision on March 4, 2019. Chairman Ring and Members McFerran and Kaplan participated.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
Mountain View Health Care and Rehabilitation Center, LLC (04-RC-241150) Scranton, PA, September 18, 2019. 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. Petitioner—Retail Wholesale and Department Store Union (RWDSU). Members McFerran, Kaplan, and Emanuel participated.
C Cases
Triple Canopy, Inc. (12-CA-234781) Miami, FL, September 16, 2019. The Board denied Respondent’s Motion to Dismiss the Complaint on the ground that the Respondent had not demonstrated that the complaint failed to state a claim upon which relief can be granted and that it was entitled to judgment as a matter of law. Charge filed by United Government Security Officers of America, Local 270. 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
Indiana Bell Telephone Company, Inc. (25-CA-218494; JD-71-19) Indianapolis, IN. Administrative Law Judge Michael A. Rosas issued his decision on September 17, 2019. Charge filed by Communication Workers of America, Local 4900.
David Saxe Productions, LLC and V Theater Group, LLC, Joint Employers (28-CA-219225, et al.; JD(SF)-25-19) Las Vegas, NV. Errata to August 26, 2019 decision of Administrative Law Judge Mara Louise Anzalone. Errata Amended Decision
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