Summary of NLRB Decisions for Week of September 24 - 28, 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
Darden Restaurants, Inc.; GMRI, Inc.; Yard House USA, Inc.; Yard House Northridge, LLC (31-CA-158487; 367 NLRB No. 4) Northridge, CA, September 25, 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 Respondent GMRI, Inc.’s maintenance of a Dispute Resolution Process (DRP), 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, and that the Respondents violated Section 8(a)(1) by enforcing the DRP.
Charge filed by an individual. Administrative Law Judge Joel P. Biblowitz issued his decision on August 18, 2016. Chairman Ring and Members McFerran and Kaplan participated.
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Napleton 1050, Inc. d/b/a Napleton Cadillac of Libertyville (13-CA-187272, et al.; 367 NLRB No. 6) Libertyville, IL, September 28, 2018.
The Board adopted the Administrative Law Judge’s conclusion that the Respondent violated Section 8(a)(3) and (1) by terminating an employee and laying off another employee because of their and their coworkers’ union activity. The Board also adopted the judge’s findings that the Respondent violated Section 8(a)(1) by creating the impression, under the totality of the circumstances, that employees’ union activities were under surveillance and by ordering the removal of, and removing, employee toolboxes from the Respondent’s facility in retaliation for employees’ protected strike activity. The Board affirmed the judge’s dismissal of a Section 8(a)(5) allegation that the Respondent unlawfully failed to provide requested information to the Union and agreed with the judge that it was unnecessary to pass on the General Counsel’s allegation that the Respondent violated Section 8(a)(5) by failing to bargain over its decision to lay off the employee. Lastly, the Board reversed the judge’s conclusion that the Respondent unlawfully threatened employees with job loss for striking. As part of the remedy, the Board ordered the Respondent to make two employees whole for the damages sustained to their toolboxes when they were unlawfully removed from the Respondent’s facility and to make all of the employees whole for the costs of towing their toolboxes when the Respondent unlawfully ordered them removed.
Charges filed by Local Lodge 701, International Association of Machinists and Aerospace Workers, AFL-CIO and an individual. Administrative Law Judge David I. Goldman issued his decision on April 4, 2018. Chairman Ring and Members McFerran and Emanuel participated.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
San Francisco Zoological Society (20-UC-210602) San Francisco, CA, September 26, 2018. The Board denied the Employer’s Request for Review of the Regional Director’s Decision and Order Clarifying Bargaining Unit to Include Dietician because it raised no substantial issues warranting review. The Board found that the Dietician had “little to no separate group identity” from the Animal Keepers and that the Dietician cannot be considered a separate appropriate unit under Safeway Stores, 256 NLRB 918 (1981). Petitioner—International Brotherhood of Teamsters, Local 856. Members McFerran, Kaplan, and Emanuel participated.
Northwestern University (13-RC-177943) Evanston, IL, September 27, 2018. The Board granted the Employer’s Request for Review of the Acting Regional Director’s Decision and Order on the ground that it raised substantial issues warranting review. The Board reversed the Acting Regional Director’s decision to sustain challenges to 25 ballots. In a representation election in a unit of the Employer’s non-tenure eligible faculty, the Petitioner challenged, inter alia, the ballots of 25 faculty as ineligible under the parties’ Stipulated Election Agreement (SEA). The Acting Regional Director sustained these challenges based on the faculty holding “other compensated positions.” The Board disagreed, finding that 18 held only classifications that had been unambiguously included with the SEA and finding the other 7 employees to be eligible as dual-function employees. The Board vacated the Acting Regional Director’s certification and remanded the case to the Regional Director to open and count the ballots. Petitioner—Service Employees International Union, Local 73, CLC/CTW. Chairman Ring and Members McFerran and Kaplan participated.
C Cases
Tesla, Inc. (32-CA-220777) Palo Alto, CA, September 26, 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 Union, United Automobile, Aerospace and Agricultural Workers of America, AFL-CIO. Chairman Ring and Members McFerran and Kaplan participated.
Mercy St. Vincent Medical Center (08-CA-128502, et al.) Toledo, OH, September 27, 2018. The Board denied without prejudice the Respondent’s Motion and the General Counsel Cross-Motion for Partial Summary Judgment, and the Board remanded the proceeding to the Regional Director. The motions argued the lawfulness of the Respondent’s maintaining several work rules under the test overruled in The Boeing Co., 365 NLRB No. 154 (2017), and the Board found the motions did not establish, under the new Boeing standard, that there were no genuine issues of fact and that either party was entitled to judgment as a matter of law. Charges filed by International Union, United Automobile Aerospace & Agricultural Implement Workers of America, UAW, Local 2213, RN Unit, and Local 12 Technical and Support Units. Chairman Ring and Members Kaplan and Emanuel participated.
Westrock Services, Inc. (10-CA-195617) Chattanooga, TN, September 27, 2018. No exceptions having been filed to the August 6, 2018 decision of Administrative Law Judge Robert A. Ringler’s finding that the Respondent had engaged in certain unfair labor practices, the Board adopted the judge’s findings and conclusions, and ordered the Respondent to take the action set forth in the judge’s recommended Order. Charge filed by Graphic Communications Conference of the International Brotherhood of Teamsters, Local 197-M.
Sulphur Springs Valley Electric Cooperative, Inc. (28-CA-217779 and 28-CA-218696) Benson, AZ, September 28, 2018. The Board denied the Respondent’s Motion to Dismiss, 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. Charges 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
G.R.P. Mechanical Company, Inc. (14-CA-211817; JD-63-18) Bethalto, IL. Administrative Law Judge Charles J. Muhl issued his decision on September 24, 2018. Charge filed by an individual.
Roemer Industries, Inc. (08-CA-188055, et al.; JD-64-18) Masury, OH. Administrative Law Judge Sharon Levinson Steckler issued her decision on September 24, 2018. Charges filed by United Steel, Paper & Forestry, Rubber Manufacturing, Energy Allied Industries and Service Workers International Union, AFL-CIO, CLC.
National Association of Letter Carriers, Branch No. 11, Chicago, affiliated with National Association of Letter Carriers, AFL-CIO (United States Postal Service) (13-CB-187174; JD-62-18) Chicago, IL. Administrative Law Judge Keltner W. Locke issued his decision on September 24, 2018. Charge filed by an individual.
United States Postal Service (14-CA-195011; JD-61-18) Norman, OK. Administrative Law Judge Melissa M. Olivero issued her decision on September 25, 2018. Charge filed by an individual.
Nexstar Broadcasting, Inc., d/b/a KOIN-TV (19-CA-211026; JD-(SF)-31-18) Portland OR. Administrative Law Judge Eleanor Laws issued her decision on September 25, 2018. Charge filed by National Association of Broadcast Employees & Technicians, The Broadcasting and Cable Television Workers Sector of the Communications Workers of America, Local 51, AFL-CIO.
Valley Health System LLC, d/b/a Desert Springs Hospital Medical Center, and Valley Hospital Medical Center, Inc., d/b/a Valley Hospital Medical Center (28-CA-184993, et al.; JD(SF)-32-18) Las Vegas, NV. Administrative Law Judge Dickie Montemayor issued his decision on September 28, 2018. Charges filed by Service Employees International Union, Local 1107.
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