Summary of NLRB Decisions for Week of September 2 - 5, 2014
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 Public Affairs at Publicinfo@nlrb.gov or 202‑273‑1991.
Summarized Board Decisions
UNF West, Inc. (United Natural Foods, Inc.) (21-CA-079406, et al.; 361 NLRB No. 42) Moreno Valley, CA, September 3, 2014.
The Board adopted the judge’s findings that the Employer violated the Act by: (a) coercively questioning employees about their union activities; (b) threatening employees by telling them that it would be futile to select union representation; (c) threatening employees with the loss of their 401(k) and other benefits if they selected the Union to represent them; (d) threatening employees who engaged in union activities by telling them that management was looking for a way to fire them; and (e) threatening employees by telling them that their working conditions would not improve until they quit complaining to the Union and the Board. Administrative Law Judge William L. Schmidt issued his decision on April 24, 2014. Charges were filed by Teamsters, Chauffeurs, Warehousemen, Industrial and Allied Workers of America, Local 166, International Brotherhood of Teamsters. Chairman Pearce and Members Hirozawa and Johnson participated.
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Columbia College Chicago (30-CA-018888 (formerly 13-CA-046562); 360 NLRB No. 122) Chicago, IL, September 3, 2014 correction to June 11, 2014 decision.
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Laborers’ International Union of North America Local 310 (KMU Trucking & Excavating, Inc.) (08-CD-109665, et al.; 361 NLRB No. 37) Westlake, OH; Warrenville Hts., OH; Middleburg Hts., OH; Beachwood, OH, Cleveland, OH, September 3, 2014.
In this jurisdictional dispute between Operating Engineers Local 18 and Laborers Local 310, the Board, under Section 10(k) of the Act, awarded the work in dispute to employees represented by Laborers International Union of North America, Local 310, based on the factors of employer preference and past practice, area and industry practice, and economy and efficiency of operations. In a prior case, Operating Engineers Local 18 (Donley’s, Inc.), 360 NLRB No. 113 (2014), the Board granted a broad area-wide award to employees represented by Laborers, for work of the kind in dispute. That award covers the area where Local 310’s and Local 18’s jurisdictions overlap, which encompasses the instant dispute in Cuyahoga County, Ohio. The award in these cases, therefore, restated and applied that area-wide order. Charges filed by KMU Trucking and Excavating, Schirmer Construction Co., Platform Cement, Inc., 21st Century Concrete Construction, Inc., Independent Excavating, Inc., and Donley’s, Inc. Hearing Officer Melanie R. Bordelois issued the report on January 16, 2014. Chairman Pearce and Members Hirozawa and Johnson participated.
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Modern Management Services, LLC, d/b/a The Modern Honolulu (20-CA-072776, et al.; 361 NLRB No. 24) Honolulu, HI, September 4, 2014. Correction to August 18, 2014 decision.
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Dentz Painting, Inc. (08-CA-083055; 361 NLRB No. 40) Brook Park, OH, September 5, 2014.
The Board granted the General Counsel’s motion for default judgment based on the Respondents’ failure to file an answer to the complaint.
The Board found that the Respondents violated Section 8(a)(3) and (1) by failing and refusing to continue to employ the unit employees of Respondent Dentz because they engaged in protected activities. In addition, the Board found that the Respondents violated Section 8(a)(5) and (1) of the Act by failing to continue in effect all terms and conditions of their collective-bargaining agreement with the Charging Party Union, bypassing the Union and dealing directly with employees with respect to wages and other terms and conditions of employment by discussing and negotiating individual pay rates and benefits, and failing to furnish the Union with necessary and relevant information that it requested. The Board ordered the Respondents to make the unit employees whole for any loss of earnings or other benefits they may have suffered as a result of the Respondents’ unlawful conduct, with interest, to reinstate the employees, and to remove from their files all references to the unlawful failure to continue to employ the unit employees. Further, the Board ordered the Respondents to bargain with the Union on request, continue in effect all of the terms and conditions of employment contained in their agreement with the Union, rescind unilateral changes on request, and furnish the Union with the information it requested. Charge filed by Painters & Allied Trades District Council, No. 6. Members Miscimarra, Hirozawa, and Johnson participated.
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Don Chavas, LLC d/b/a Tortillas Don Chavas (28-CA-063550 and 067394; 361 NLRB No. 10) Tucson, AZ, September 5, 2014. Correction to August 8, 2014 decision.
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Durham School Services, L.P. (05-CA-088893, et al.; 361 NLRB No. 44) Rosedale, MD, September 5, 2014.
The Board adopted the judge’s finding that the employer violated Section 8(a)(1) by creating the impression of surveillance and engaging in surveillance when a supervisor stood in front of the facility and took notes while the Union was distributing literature, which activity was unusual for her and unrelated to her normal duties, and was observed doing so by employees. Administrative Law Judge Arthur J. Amchan issued a bench decision on March 28, 2014. Members Miscimarra, Johnson, and Schiffer participated.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
Atlas Roll-Off Corp. (29-RC-114120) Jamaica, NY, September 2, 2014. Order granting the Employer’s request for special permission to appeal the Acting Regional Director’s setting of an election for September 3, 2014 and her use of the Steiny/Daniel eligibility formula and denying the appeal on the merits, denying the Employer’s request for a stay of the election, and denying as moot the Employer’s request to stay the date to submit voter eligibility lists to the Region. Petitioner-Local 175, United Plant & Production Workers, International Union of Journeymen and Allied Trades. Chairman Pearce and Members Hirozawa and Johnson participated. Member Johnson noted that the Steiny/Daniel eligibility formula is the default standard to be applied, unless an employer shows an actual seasonal change in the complement of its workforce, and the Employer here failed to allege such a seasonal fluctuation.
Wittenberg Lutheran Village, Inc. (13-RC-126425) Crown Point, IN, September 3, 2014. No exceptions having been filed to the hearing officer’s report on objections to an election held May 23, 2014, the Board ordered the election to be set aside and a new election conducted. Petitioner – International Brotherhood of Teamsters, Local Union No. 142.
C Cases
International Union of Operating Engineers, Local 18 (Donley’s, Inc.) (08-CD-091637, et al.) Cleveland, OH, September 2, 2014. Order denying Operating Engineers Local 18’s Motion for Reconsideration of the Board’s May 14, 2014 Decision and Determination of Dispute reported at 360 NLRB No. 113. Charges were filed by the Construction Employers Association and five Employers - - Donley’s, Inc., B&B Wrecking and Excavating, Inc., Cleveland Cement Contractors, Inc., Hunt Construction Group, and Precision Environmental Co. Chairman Pearce, and Members Miscimarra and Johnson participated.
Bosal Industries – Georgia, Inc. (07-CA-0931107) Ypsilanti, MI, September 2, 2014. The Board granted the motion to remand case to the Regional Director for appropriate action.
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Appellate Court Decisions
No Appellate Court Decisions involving Board Decisions to report.
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Administrative Law Judge Decisions
Tri-State Wholesale Building Supplies, Inc. (09-CA-125950; JD-51-14) Cincinnati, OH. Administrative Law Judge Arthur J. Amchan issued his decision on September 2, 2014. Charge filed by an individual.
MGM Grand Hotel, LLC d/b/a MGM Grand (28-CA-119372; JD(NY)-36-14) Las Vegas, NV. Administrative Law Judge Joel P. Biblowitz issued his decision on September 3, 2014. Charge filed by an individual.
Tri-State Wholesale Building Supplies, Inc. (09-CA-125950; JD-51-14) Cincinnati, OH. Errata to the September 2, 2014 decision of Administrative Law Judge Arthur J. Amchan. Charge filed by an individual.
Wexford Health Sources, Inc. (04-CA-115974; JD-52-14) Pittsburgh, PA. Administrative Law Judge Susan A. Flynn issued her decision on September 5, 2014.
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