Summary of NLRB Decisions for Week of September 30 - October 4, 2019
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
Columbia College Chicago (13-CA-073486, et al.; 368 NLRB No. 86) Chicago, IL, September 30, 2019.
On remand from the Seventh Circuit Court, the Board reconsidered its remedy ordering the Respondent to reimburse the Part-Time Faculty Association at Columbia College Chicago—IEA/NEA for negotiation expenses connected to the Respondent’s allegedly unlawful refusal to bargain. The court denied enforcement of the Board’s finding that the Respondent unlawfully failed to bargain over the effects of a lawful managerial decision. In light of the Court’s decision, the Board found that the reimbursement of negotiation expenses was no longer warranted for the remaining violations enforced by the Court.
Charges filed by Part-Time Faculty Association at Columbia College Chicago—IEA/NEA. Administrative Law Judge Geoffrey Carter issued his decision on March 15, 2013. Chairman Ring and Members Kaplan and Emanuel participated.
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T-Mobile USA, Inc. (14-CA-170229; 368 NLRB No. 81) Wichita, KS, September 30, 2019.
The Board reversed the Administrative Law Judge’s conclusions that T-Voice is a “labor organization” within the meaning of Section 2(5) of the Act and that the Respondent violated Section 8(a)(2) and (1) by maintaining, dominating, and assisting T-Voice. The Board also reversed the judge’s conclusion that the Respondent violated Section 8(a)(1) by using T-Voice to solicit employees’ grievances and impliedly promising to remedy them during an ongoing union campaign. Accordingly, the Board dismissed the complaint.
Charge filed by Communication Workers of America, AFL–CIO. Administrative Law Judge Sharon Levinson Steckler issued her decision on April 3, 2017. Chairman Ring and Members Kaplan and Emanuel participated.
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CC 1 Limited Partnership d/b/a Coca Cola Puerto Rico Bottlers (24-CA-011035, et al.; 368 NLRB No. 84) Toa Baja, PR, September 30, 2019.
On remand from the D.C. Circuit Court, the Board found that the employees’ wildcat strike was not protected once the striking employees became aware that their Union disapproved of and disavowed the strike. The Board determined that the employees’ knowledge of the Union’s opposition to the strike could not be discounted simply because it was the Respondent’s security guards who distributed to the strikers the Union’s letter disavowing the strike.
Charges filed by individuals. Administrative Law Judge Bruce D. Rosenstein issued his decision on February 16, 2010. Chairman Ring and Members Kaplan and Emanuel participated.
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Spectrum Mechanical Services LLC (03-CA-234490; 368 NLRB No. 85) Buffalo, NY, September 30, 2019.
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 unanimously found that the Respondent, a construction industry employer, violated Section 8(a)(5) and (1) by failing and refusing to bargain with the limited exclusive bargaining representative of the employees. The Board majority (Chairman Ring and Member Kaplan) found that the make-whole remedial period ended on the date that the Section 8(f) agreement expired, noting that the complaint did not allege that the agreement included an automatic renewal or extension clause, and that the General Counsel’s motion did not request that the Respondent comply with such a clause. Member McFerran would order the Respondent to comply with the terms of the agreement and any automatic renewal or extension provisions contained therein.
Charge filed by Journeymen Plumbers, Steamfitters, and Apprentices, U.A. Local #22 of Western New York. Chairman Ring and Members McFerran and Kaplan participated.
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Cedars-Sinai Medical Center (31-CA-143038; 368 NLRB No. 83) Los Angeles, CA, September 30, 2019.
The Board adopted the Administrative Law Judge’s conclusion that the Respondent violated Section 8(a)(1) by maintaining a mandatory arbitration agreement. The Board relied on the framework set forth in Prime Healthcare Paradise Valley, LLC, 368 NLRB No. 10 (2019), to find that employees would reasonably interpret the arbitration agreement to restrict their access to the Board and its processes. In light of the Supreme Court’s decision in Epic Systems Corp. v. Lewis, 138 S. Ct. 1612 (2018), the Board reversed the judge’s conclusion that the Respondent violated Section 8(a)(1) by filing a state court motion to compel an employee to proceed in arbitration on an individual basis and adopted the judge’s dismissal of the allegation that the Respondent unlawfully opposed an employee’s request for class arbitration before an arbitrator.
Charge filed by an individual. Administrative Law Judge Ariel L. Sotolongo issued his decision on March 15, 2016. Chairman Ring and Members McFerran and Kaplan participated.
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International Longshore and Warehouse Union, Local 12 (Southport Lumber Company, LLC) (19-CD-144202; 368 NLRB No. 88) North Bend, OR, September 30, 2019.
The Board denied the General Counsel’s Motion for Summary Judgment, which argued that the sole factual issues in dispute concerning the alleged violation of Section 8(b)(4)(ii)(D) were resolved by the Board’s award in the prior Section 10(k) proceeding. The Board found that, unlike an unfair labor practice proceeding, the Section 10(k) determination entailed only a showing of reasonable cause to believe that the Union had violated Section 8(b)(4), not proof by a preponderance of the evidence, and did not require credibility findings. Because the parties did not stipulate the Section 10(k) record as the basis for the unfair labor practice determination and the Respondent’s answer to the complaint denied substantive factual allegations and raised affirmative defenses, the Board found that genuine issues of material fact remained in dispute and that the Respondent was entitled to present additional evidence in the unfair labor practice proceeding. Therefore, the Board found summary judgment inappropriate. Charge filed by Southport Lumber Company, LLC. Chairman Ring and Members Kaplan and Emanuel participated.
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RadNet Management Inc. d/b/a La Mirada Imaging (21-CA-242664; 368 NLRB No. 89) La Mirada CA, October 2, 2019.
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 proceedings in which the Union was certified as the collective bargaining representative.
Charge filed by National Union of Healthcare Workers. Chairman Ring and Members Kaplan and Emanuel participated.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
First Student (03-RD-243112) North Tonawanda, NY, September 30, 2019. The Board denied the Petitioner’s Request for Review of the Regional Director’s Decision and Order Dismissing Petition because it raised no substantial issues warranting review. The Regional Director had dismissed the decertification petition filed for a smaller local unit finding that unit had merged into a nationwide bargaining unit. Chairman Ring and Member Kaplan agreed to apply extant law in this case but noted they would consider revisiting the Board’s merger doctrine in a future appropriate proceeding. Petitioner—an Individual. Union—International Brotherhood of Teamsters Local 449. Chairman Ring and Members McFerran and Kaplan participated.
First Student, Inc. (01-RD-238462) Coventry, RI, September 30, 2019. The Board denied the Petitioner’s Request for Review of the Regional Director’s Order Dismissing Petition because it raised no substantial issues warranting review. The Regional Director had dismissed the decertification petition filed for a smaller local unit finding that unit had merged into a nationwide bargaining unit. Chairman Ring and Member Kaplan agreed to apply extant law in this case but noted they would consider revisiting the Board’s merger doctrine in a future appropriate proceeding. Petitioner—an Individual. Union—International Brotherhood of Teamsters Local 251. Chairman Ring and Members McFerran and Kaplan participated.
Johnson Controls, Inc. (10-RD-158949) Florence, SC, October 4, 2019. The Board denied the Petitioner’s Request for Review of the Regional Director’s Order Dismissing Petition as it raised no substantial issues warranting review. Petitioner—an Individual. Union—United Auto Workers (UAW), Local 3066. Members McFerran, Kaplan, and Emanuel participated.
C Cases
Challenge Manufacturing Company, LLC (07-CA-199352) Holland, MI, October 2, 2019. The Board denied the Respondent’s Motion for Reconsideration of the Board’s Decision and Order, reported at 368 NLRB No. 35 (2019), on the basis that the Respondent had not identified any material error or demonstrated extraordinary circumstances warranting reconsideration. Charge filed by an individual. Members McFerran, Kaplan, and Emanuel participated.
American Medical Response West (20-CA-234200) San Francisco, CA, October 4, 2019. No exceptions having been filed to the August 23, 2019 decision of Administrative Law Judge John T. Giannopoulos’ 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 United EMS Workers, AFSCME Local 4911.
Dura-Line Corporation, a subsidiary of Mexichem (09-CA-163289, et al.) Middlesboro, KY, October 4, 2019. No exceptions having been filed to the August 20, 2019 decision of Administrative Law Judge Melissa M. Olivero’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. Charges filed by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO-CLC and United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO-CLC, Local 14300-12.
Cott Beverages Inc. (16-CA-181144) San Antonio, TX, October 4, 2019. The Board denied the Respondent’s Requests for Special Permission to Appeal and to Stay Proceedings from the Administrative Law Judge’s orders declining to remand the case to the Regional Director for dismissal and to proceed directly to briefing on the application to the case of the Board’s decision in The Boeing Company, 365 NLRB No. 154 (2017). The Board found that the Respondent failed to establish that its arguments could not be addressed appropriately at a later stage of the proceeding. Further, the Board found that the Respondent failed to show that the judge abused his discretion in retaining the case. Charge filed 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
Triumph Aerostructures, Vought Aircraft Division (16-CA-197912, et al.; JD-74-19) Red Oak, TX. Administrative Law Judge Robert A. Ringler issued his decision on September 30, 2019. Charges filed by individuals.
McLaren Macomb (07-CA-232056; JD-75-19) Mount Clemens, MI. Administrative Law Judge Donna N. Dawson issued her decision on September 30, 2019. Charge filed by Local 40, Office of Professional Employees International Union (OPEIU), AFL-CIO.
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