Summary of NLRB Decisions for Week of September 18 - 22, 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

Success Village Apartments, Inc.  (01-CA-308624; 372 NLRB No. 140)  Bridgeport, CT, September 19, 2023.

The Board granted the General Counsel’s Motion for Default Judgment based on the Respondent’s failure to file an answer to the complaint.  The Board found that the Respondent violated Section 8(a)(1), (3), and (5) by laying off or discharging and refusing to recall an employee; failing and refusing to place newly hired employees in the bargaining unit pursuant to the union security clause of the parties’ collective-bargaining agreement; failing and refusing to process the Union’s grievances; and failing and refusing to furnish and to timely furnish the Union with requested information that is necessary for, and relevant to, the Union’s performance of its duties as the exclusive collective-bargaining representative of the unit.

Charge filed by International Union, Automobile, Aerospace & Agricultural Implement Workers of America, Local 376, AFL-CIO.  Chairman McFerran and Members Kaplan and Prouty participated.

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Solution One Industries, Inc.  (09-CA-281081, et al.; 372 NLRB No. 141)  Lexington, KY, September 22, 2023.

The Board adopted the Administrative Law Judge’s dismissals of the allegations that the Respondent violated Section 8(a)(5) and (1) by refusing to consider six grievances as settled on the Union’s terms.  With respect to these grievances, the Board relied on the fact that the General Counsel failed to prove that the parties’ discussion was of the type that contractually obligated the Respondent to answer the grievances within five working days.  Member Kaplan additionally relied on the judge’s conclusion that the Respondent had a “sound arguable basis” to believe that under the contract, it was not compelled to consider the six grievances to be settled.  The Board also adopted the judge’s dismissal of the allegation that the Respondent violated Section 8(a)(5) and (1) by failing to consider an additional grievance settled on the Union’s terms.  Regarding this allegation, Chairman McFerran and Member Prouty stated that they expressed no opinion on whether Bath Iron Works, 345 NLRB 499 (2005), was correctly decided, but that they applied it here for institutional reasons, as it represents extant Board precedent.

Charges filed by International Association of Machinists and Aerospace Workers, AFL-CIO.  Administrative Law Judge Keltner W. Locke issued his decision on July 7, 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

River North Transit, LLC and HA Transportation Services, LLC  (05-RC-300083)  Newport News, VA, September 18, 2023.  The Board denied the Joint Employer’s Request for Review of the Regional Director’s Decision on Objections and Certification of Representative as it raised no substantial issues warranting review.  In denying review of the Regional Director’s overruling the objections regarding electioneering activity by a union agent, Member Kaplan stated that he did not rely on the Regional Director’s suggestion that Electric Hose & Rubber Co., 262 NLRB 186 (1982), and Performance Measurement Co., 148 NLRB 1657 (1964) are distinguishable because they involved conduct by employer agents, rather than union agents.  He further noted that many of the issues in this case could have been avoided by the designation and enforcement of a no-electioneering zone.  Petitioner—Amalgamated Transit Union Local 1177.  Chairman McFerran and Members Kaplan and Prouty participated.

C Cases

Hospital Menonita Ponce, Inc.  (12-CA-308692)  Ponce, PR, September 19, 2023.  The Board denied the Petition to Revoke the investigative subpoena duces tecum filed by Quality Health Services, Inc., finding that the subpoena sought information relevant to the matter under investigation and described with sufficient particularity the evidence sought.  The Board also found that the Petitioner failed to establish any other legal basis for revoking the subpoena.  Charge filed by Unidad Labora de Enfermeras(os) y Empleados(as) de la Salud.  Chairman McFerran and Members Kaplan and Prouty participated.

KIPP Columbus  (09-CA-310589, et al.)  Columbus, OH, September 20, 2023.  The Board denied the Respondent’s Motion for Partial Summary Judgment as 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.  The Board also denied the Respondent’s request, in the alternative, to sever Case 09-CA-311863 from the consolidated complaint.  Charge filed by Ohio Federation of Teachers, American Federation of Teachers, AFL-CIO.  Chairman McFerran and Members Kaplan and Prouty 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

International Longshoremen’s Association, Local 1526 (Florida International Terminal LLC)  (12-CB-295349; JD-63-23)  Ft. Lauderdale, FL.  Administrative Law Judge Michael A. Rosas issued his decision on September 18, 2023.  Charge filed by an individual.

United States Postal Service  (15-CA-279353; JD-61-23)  Wewahitchka, FL. Administrative Law Judge Donna N. Dawson issued her decision on September 20, 2023.  Charge filed by an individual.

I.N.S.A., Inc.  (01-CA-290558, et al.; JD-60-23)  Easthampton, MA.  Administrative Law Judge Andrew S. Gollin issued his decision on September 21, 2023.  Charges filed by United Food and Commercial Workers International Union Local 1445.

Starbucks Corporation  (19-CA-293492; JD(SF)-27-23)  Seattle, WA.  Administrative Law Judge Lisa D. Ross issued her decision on September 21, 2023.  Charge filed by Workers United a/w Service Employees International Union.

Starbucks Corporation  (14-CA-295813, et al.; JD-64-23)  St. Louis, MO.  Administrative Law Judge Robert A. Ringler issued his decision on September 21, 2023.  Charges filed by Chicago and Midwest Regional Joint Board, Workers United/SEIU.

RATP Dev USA, Inc.  (05-CA-280582; JD-57-23)  Washington, D.C., September 21, 2023.  Errata to Administrative Law Judge Michael A. Rosas’ decision issued on August 30, 2023.  Charge filed by an individual.  Errata   Amended Decision.

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