Summary of NLRB Decisions for Week of September 23 - 27, 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
JMC Electrical Contractor, LLC (07-CA-328088; 373 NLRB No. 113) Detroit, MI, September 25, 2024.
The Board granted the General Counsel’s Motion for Default Judgment based on the Respondent’s failure to serve its answer on the Charging Party in accordance with the Board’s Rules and Regulations. The Board found that the Respondent violated Section 8(a)(3) and (1) by discriminating in regard to the hire or tenure or terms and conditions of employment of its employes, thereby discouraging membership in a labor organization.
Charge filed by an individual. Chairman McFerran and Members Kaplan and Wilcox participated.
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Asante, d/b/a Asante Rogue Regional Medical Center (19-RC-316594; 373 NLRB No. 110) Medford, OR, September 25, 2024.
The Board denied the Employer’s Request for Review of the Regional Director’s Decision and Certification of Representative as it raised no substantial issues warranting review. The Regional Director found that the Union did not violate Peerless Plywood Co., 107 NLRB 427 (1953).
Petitioner—Oregon Nurses Association. Chairman McFerran and Members Kaplan and Wilcox participated.
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Valmar Masonry LLC (20-CA-328213; 373 NLRB No. 112) Renton, WA, September 25, 2024.
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) by threatening employees with unspecified reprisals and by discharging an employee for engaging in protected concerted activities.
Charge filed by an individual. Chairman McFerran and Members Kaplan and Wilcox participated.
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Pro Residential Services, Inc. (28-CA-239775, et al.; 373 NLRB No. 100) Tucson, AZ, September 25, 2024.
The Board adopted the Administrative Law Judge’s conclusion that the Respondent violated Section 8(a)(1) by maintaining certain unlawful work rules but reversed the judge’s summary dismissal of other alleged unlawful rules. The Board remanded most of those rules for fuller consideration of the applicable standard and proper application of Stericycle, if appropriate. However, the Board declined to apply Stericycle in adopting the judge’s dismissal of allegations that Respondent unlawfully maintained rules prohibiting personal use of employer equipment and information technology, finding this conclusion compelled by Caesars Entertainment d/b/a Rio All-Suites Hotel and Casino, 368 NLRB No. 143 (2019) , which the Board declined to reconsider at this time. Finally, a Board majority (Chairman McFerran and Member Prouty) adopted the judge’s dismissal of a Section 8(a)(4) and (1) allegation regarding an employee’s discharge. Dissenting, Member Wilcox would have found the violation considering the Respondent’s failure to explain its departure from its previous leniency towards the employee’s misconduct within two weeks of his filing a charge with the Board.
Charges filed by an individual. Administrative Law Judge Lisa D. Ross issued her decision on September 29, 2023. Chairman McFerran and Members Prouty and Wilcox participated.
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Starbucks Corporation (25-CA-292501, et al.; 373 NLRB No. 111) Peoria, IL, September 25, 2024.
The Board adopted the Administrative Law Judge’s conclusions that the Respondent violated Section 8(a)(3) and (1) by sending an employee home early, issuing her a final written warning, and scrutinizing her work more closely because of her union activity. In the absence of exceptions, the Board also adopted the judge’s conclusions that the Respondent violated Section 8(a)(3), (4), and (1) by issuing a written warning to an employee because he engaged in union activity and was subpoenaed for, and planned to attend, a Board proceeding.
Charges filed by Chicago and Midwest Regional Joint Board, Workers United/SEIU. Administrative Law Judge Paul Bogas issued his decision on June 23, 2023. Chairman McFerran and Members Prouty and Wilcox participated.
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ARK Fabricators, Inc. (10-CA-291560; 373 NLRB No. 103) Savannah, GA, September 26, 2024.
The Board adopted the Administrative Law Judge’s conclusions that the Respondent violated Section 8(a)(3) and (1) by refusing to hire and refusing to consider for hire three union organizers. In adopting the judge’s conclusions, the Board declined the General Counsel and Charging Party’s request to overrule Toering Electric, 351 NLRB 225 (2007), and Oil Capitol Sheet Metal, Inc., 349 NLRB 1348 (2007). Member Prouty joined in applying Toering Electric and Oil Capitol as extant precedent, but indicated he would be willing to revisit that precedent in a future appropriate case.
Charge filed by Georgia Carolina Pipe Trades Association. Administrative Law Judge G. Rebekah Ramirez issued her decision on October 26, 2023. Chairman McFerran and Members Prouty and Wilcox participated.
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Adamas Building Services (22-CA-261363; 373 NLRB No. 119) Jersey City, NJ, September 27, 2024.
The Board (Chairman McFerran and Member Wilcox; Member Kaplan, dissenting) adopted the Administrative Law Judge’s conclusion that the Respondent violated Section 8(a)(3) and (1) by failing and refusing to hire its predecessor’s employees. The Board majority also adopted the judge’s conclusion that the Respondent violated Section 8(a)(5) and (1) by refusing to recognize and bargain with the Union. Dissenting, Member Kaplan would have dismissed the Section 8(a)(3) and (1) and related Section 8(a)(5) allegations because the General Counsel failed to include the party whose animus it imputes to the Respondent. Member Kaplan would find that this failure to include the other party precludes the Board from relying on that animus and that it renders the Board incapable of remedying the alleged violations.
Charge filed by Local 32BJ, Service Employees International Union. Administrative Law Judge Jeffrey P. Gardner issued his decision on August 12, 2022. Chairman McFerran and Members Kaplan and Wilcox participated.
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Blue School (02-CA-292782; 373 NLRB No. 120) New York, NY, September 27, 2024.
The Board (Chairman McFerran and Member Kaplan; Member Prouty, dissenting) reversed the Administrative Law Judge’s conclusion that the Respondent violated Section 8(a)(1) by sending an email to employees announcing the Respondent’s intention to decline to recognize the Union and instead commit a technical refusal to bargain in order to appeal a representation election’s outcome. The Board found that a reasonable employee would interpret the email as a noncoercive explanation of the Respondent’s plan to exercise its right to appeal the Union’s certification. Member Prouty, dissenting, would have adopted the judge’s finding that the email constituted a threat of futility.
Charge filed by Local 2110, Technical, Office & Professional Union, UAW. Chairman McFerran and Members Kaplan and Prouty participated.
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Hothead Grabba LLC (29-CA-336757; 373 NLRB No. 118) Brooklyn, NY, September 27, 2024.
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) by threatening employees with discharge and by discharging and refusing to reinstate an employee for engaging in protected concerted activities.
Charge filed by an individual. Chairman McFerran and Members Prouty and Wilcox participated.
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IAG Construction Inc. (02-CA-340403; 373 NLRB No. 116) New York, NY, September 27, 2024.
The Board granted the General Counsel’s Motion for Summary Judgment in this test-of-certification case on the ground that the Respondent failed to raise any issues that were not, or could not have been, litigated in the underlying representation proceeding in which the Union was certified as the bargaining representative. The Board found that the Respondent violated Section 8(a)(5) and (1) by failing and refusing to recognize and bargain with the Union.
Charge filed by New Labor. Chairman McFerran and Members Prouty and Wilcox participated.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
Commonwealth Flats Dev. Corp. d/b/a Seaport Hotel Boston (01-RC-321092) Boston, MA, September 23, 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. Petitioner—UNITE HERE Local 26. Chairman McFerran and Members Prouty and Wilcox participated.
Maxwell Plumb Mechanical Corp. (29-RC-315834) Queens, NY, September 25, 2024. The Board denied the Employer’s Request for Review of the Regional Director’s Order Dismissing Petition as it raised no substantial issues warranting review, but indicated that the petition was subject to reinstatement, if appropriate, after final disposition of the unfair labor practice proceedings. Petitioner—United Association, Plumbers Local 1. Chairman McFerran and Members Prouty and Wilcox participated.
Starbucks Corporation (14-RD-327273) Nichols Hills, OK, September 25, 2024. The Board denied the Employer's and Petitioner's Requests for Review of the Acting Regional Director's Decision and Order Dismissing Petition as they raised no substantial issues warranting review. Petitioner—an individual. Union— Chicago and Midwest Regional Joint Board, Workers United/SEIU. Chairman McFerran and Members Prouty and Wilcox participated.
Starbucks Corporation (27-RD-322381) Cottonwood Heights, UT, September 25, 2024. The Board denied the Employer's and Petitioner's Requests for Review of the Regional Director's Decision and Order Dismissing Petition as they raised no substantial issues warranting review. Petitioner—an individual. Union—Chicago and Midwest Regional Joint Board, Workers United/SEIU. Chairman McFerran and Members Prouty and Wilcox participated.
J&A Glass & Mirror, Inc. (18-RM-339693) Rogers, MN, September 25, 2024. The Board denied the Employer’s Request for Review of the Regional Director’s Order Dismissing Petition as moot. Petitioner—International Union of Painters and Allied Trades District Council 82. Chairman McFerran and Members Prouty and Wilcox participated.
Renal Treatment Centers – California, Inc., d/b/a Davita Elk Grove Dialysis Center (20-RC-337152 and 20-RC-337173) Elk Grove, CA, September 26, 2024. The Board denied the Employer’s Request for Review of the Acting Regional Director’s Decision and Direction of Elections as it raised no substantial issues warranting review. Petitioner—Service Employees International Union, United Healthcare Workers – West. Chairman McFerran and Members Kaplan and Prouty participated.
Renal Treatment Centers – California, Inc., d/b/a Davita Concord Dialysis Center (32-RC-337328) Concord, CA, September 26, 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. Petitioner—Service Employees International Union, United Healthcare Workers – West. Chairman McFerran and Members Kaplan and Prouty participated.
ImageCare Centers (Sussex County) (22-RC-350874) Sparta, NJ, September 27, 2024. The Board denied the Employer’s Request for Review of the Regional Director’s determination to conduct the pre-election hearing by video conference as it raised no substantial issues warranting review. In denying review, the Board noted that the Regional Director had explained that she was directing that the hearing be conducted by videoconference because the Region was fully remote due to office renovations and found that this explanation was sufficient to constitute a showing of good cause based on compelling circumstances. The Board denied the Employer’s request to stay the hearing as moot. Petitioner—International Brotherhood of Teamsters Local No. 125. Chairman McFerran and Members Prouty and Wilcox participated.
C Cases
RadNet Management, Inc., d/b/a San Fernando Valley Advanced Imaging Center (31-CA-235878) Los Angeles, CA, September 24, 2024. The Board denied the Respondent’s Motion for Reconsideration of the Board’s Decision and Order reported at 373 NLRB No. 58 (2024). The Board found that the Respondent had not identified any material error or demonstrated extraordinary circumstances warranting reconsideration. The Board dismissed the Respondent’s arguments regarding challenges to the constitutionality of the make-whole remedy ordered in this case and to the statutory removal protections afforded to Board Members and Board Administrative Law Judges as untimely. Charge filed by National Union of Healthcare Workers. Members Kaplan, Prouty, and Wilcox participated.
Southern Aluminum Finishing Company (25-CA-325283 and 25-CA-325296) Indianapolis, IN, September 27, 2024. The Board denied the Respondent’s Partial Motion to Dismiss and/or Strike without prejudice to the Respondent’s right to renew its arguments before the Administrative Law Judge, at the hearing, or before the Board on any exceptions that may be filed. Charge filed by Sheet Metal Workers, Air, Rail, and Transportation Workers Local Union No. 20 a/w International Association of Sheet Metal, Air, Rail and Transportation Workers. Chairman McFerran and Members Prouty and Wilcox 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
Colorofchange.org. d/b/a Color of Change (05-CA-317681; JD-56-24) Washington, DC. Administrative Law Judge Michael A. Rosas issued his decision on September 23, 2024. Charge filed by Washington-Baltimore News Guild, Local 32035 a/w The News Guild, Communications Workers of America, AFL-CIO, CLC.
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