Summary of NLRB Decisions for Week of September 3 - 6, 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

California Truck Driving Academy, LLC  (31-CA-312771; 373 NLRB No. 95)  Fontana, CA, September 4, 2024.

The Board (Chairman McFerran and Member Wilcox; Member Prouty, dissenting) 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 issuing a final written warning and demoting an employee for engaging in protected concerted activity.  Dissenting, Member Prouty would have found that the General Counsel failed to show sufficient proof of service of the complaint under Section 102.4(d) of the Board’s Rules and Regulations.  Accordingly, he would have denied the motion without prejudice to the General Counsel renewing it when proper service could be demonstrated.

Charge filed by an individual.  Chairman McFerran and Members Prouty and Wilcox participated.

***

UPMC Western Psychiatric Hospital  (06-CA-316473; 373 NLRB No. 98)  Pittsburgh, PA, September 6, 2024.

The Board adopted the Administrative Law Judge’s conclusion that the Respondent violated Section 8(a)(5) and (1) by refusing to furnish SEIU, as JNESO’s servicing agent, with certain information requested by SEIU.

Charge filed by SEIU Healthcare Pennsylvania.  Administrative Law Judge Michael A. Rosas issued his decision on February 5, 2024. Chairman McFerran  and Members Prouty and Wilcox participated.

***

South Nassau Communities Hospital, d/b/a Mount Sinai South Nassau  (29-CA-312425; 373 NLRB No. 91)  Oceanside, NY, September 6, 2024.

The Board adopted the Administrative Law Judge’s conclusion that the Respondent violated Section 8(a)(1) by interrogating and threatening an employee with discipline because of their union activity.  The Board also adopted the judge’s conclusion that the Respondent violated Section 8(a)(3) and (1) by denying an employee a per diem registered nurse position, suspending, and discharging the employee because of their union activity.

Charge filed by an individual.  Administrative Law Judge Benjamin W. Green issued the decision on March 5, 2024.  Chairman McFerran and Members Prouty and Wilcox participated.

***

Starbucks Corporation  (21-CA-304228; 373 NLRB No. 101)  La Quinta, CA, September 6, 2024.

The Board adopted the Administrative Law Judge’s conclusion that the Respondent violated Section 8(a)(1) by issuing overly broad subpoenas requiring employees to produce information and/or documents (including audio and video recordings) related to their union and/or protected concerted activities, including information about their participation in Board processes. Member Kaplan concurred, relying specifically on two requests.

Charge filed by Workers United Labor Union International, a/w Service Employees International Union.  Administrative Law Judge Amita Baman Tracy issued her decision on November 2, 2023.  Members Kaplan, Prouty, and Wilcox participated.

***

Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Danone North America PBC  (16-RD-302294 and 16-RD-308922)  Dallas, TX, September 5, 2024. The Board denied the Petitioner’s Request for Review of the Regional Director’s Order Dismissing Petitions as it raised no substantial issues warranting review.  The Regional Director dismissed the petitions under the contract bar doctrine.  Petitioner—an individual.  Union—United Food and Commercial Workers, Local 540.  Members Kaplan, Prouty, and Wilcox participated.

Sam-Will, Inc., d/b/a Fremont Hotel and Casino  (28-RM-337283)  Las Vegas, NV, September 6, 2024.  The Board denied the Employer’s Request for Review of the Regional Director’s Order Vacating Notice of Hearing and Dismissing Petition as it raised no substantial issues warranting review.  Union—United Federation LEOS-PBA.  Chairman McFerran and Members Prouty and Wilcox participated.

C Cases

Tipsy Foods, Inc.  (18-CA-315934)  Minneapolis, MN, September 3, 2024.  No exceptions having been filed to the July 18, 2024 decision of Administrative Law Judge Sarah Karpinen’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 an individual.

X Corp., f/k/a Twitter, Inc. (20-CA-313740)  San Franscisco, CA, September 3, 2024.  No exceptions having been filed to the July 9, 2024 decision of Administrative Law Judge Sharon Levinson Steckler’s finding that the Respondent had not engaged in certain unfair labor practices, the Board adopted the judge’s findings and conclusions and dismissed the complaint. Charge filed by an individual.

***

Appellate Court Decisions

No Appellate Court Decisions involving Board Decisions to report.

***

Administrative Law Judge Decisions

MVM, Inc.  (16-CA-288823; JD(SF)-25-24)  San Antonio, TX, September 4, 2024.  Errata to the decision issued on August 23, 2024.  Errata   Amended Decision.

Trinity Health Grand Haven Hospital  (07-CA-323321, et al.; JD-53-24)  Grand Haven, MI. Administrative Law Judge Michael A. Rosas issued his decision on September 6, 2024.  Charges filed by SEIU Healthcare Michigan.

***

To have the NLRB’s Weekly Summary of Cases delivered to your inbox each week, please subscribe here.