Summary of NLRB Decisions for Week of September 30 - October 4, 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
Harvard Maintenance, Inc. (02-CA-254451 and 02-CA-258382; 373 NLRB No. 117) New York, NY, September 30, 2024.
The Board adopted the Administrative Law Judge’s conclusions that the Respondent violated Section 8(a)(1) by threatening an employee with suspension, warning, and/or other unspecified reprisals for engaging in protected concerted activity and violated Section 8(a)(3), (4), and (1) by suspending and discharging an employee for engaging in protected concerted and union activities and for filing and or expressing an intent to file a grievance or unfair labor practice charge.
Charges filed by an individual. Administrative Law Judge Jeffrey P. Gardner issued his decision on November 1, 2023. Chairman McFerran and Members Kaplan and Wilcox participated.
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Starbucks Corporation (21-CA-295845 and 21-CA-312405; 373 NLRB No. 115) Los Angeles, CA, September 30, 2024
In the absence of exceptions, the Board adopted the Administrative Law Judge’s conclusions that the Respondent violated Section 8(a)(1) by threatening employees with store closure if employees supported unionization and violated Section 8(a)(3) and (1) by reducing an employee’s work hours and causing his termination. The Board also severed for further consideration an allegation, which the judge dismissed, that the Respondent violated Section 8(a)(5) and (1) by failing to provide the Union with prior notice and an opportunity to bargain over its decision to discipline an employee. In doing so, the Board stated that it will consider the General Counsel’s argument that it should overrule 800 River Road Operating Co., LLC d/b/a Care One at New Milford, 369 NLRB No. 109 (2020).
Charges filed by Workers United. Administrative Law Judge Jeffrey Wedekind issued his decision on February 22, 2024. Chairman McFerran and Members Prouty and Wilcox participated.
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Troutbrook Company, LLC d/b/a Brooklyn 181 Hospitality, LLC (29-CA-320359; 373 NLRB No. 125) Brooklyn, NY, September 30, 2024.
The Board granted the General Counsel’s Motion for Summary Judgment, finding that the Respondent raised no genuine issue of material fact warranting a hearing and that the General Counsel is entitled to judgment as a matter of law. Accordingly, the Board found that the Respondent violated Section 8(a)(5) and (1) by withdrawing recognition from the Union during a time when it enjoyed an irrebuttable presumption of majority status.
Charge filed by New York Hotel and Motel Trades Council, AFL-CIO. Chairman McFerran and Members Prouty and Wilcox participated.
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Saint Leo University Incorporated (12-CA-275612, et al.; 373 NLRB No. 121) Saint Leo, FL, September 30, 2024.
The Board adopted the Administrative Law Judge’s dismissal of the complaint, agreeing with the judge that the Respondent was not subject to the Board’s jurisdiction under Bethany College, 369 NLRB No. 98 (2020). Chairman McFerran and Member Prouty noted that they applied Bethany College as extant precedent; they further noted that they did not participate in Bethany College, and expressed no opinion on whether it was correctly decided.
Charges filed by United Faculty of Saint Leo, National Education Association Florida Education, American Federation of Teachers, AFL-CIO. Administrative Law Judge Ira Sandron issued his decision on February 23, 2023. Chairman McFerran and Members Kaplan and Prouty participated.
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Atomic Fire Protection, LLC (13-CA-305638; 373 NLRB No. 109) Riverwoods, IL, September 30, 2024.
The Board adopted the Administrative Law Judge’s conclusions that the Respondent violated Section 8(a)(1) by coercively interrogating employees about their union activities or support, telling employees that they cannot work for the Respondent or any other non-union company if they are with the Union, and telling employees that they cannot speak to other employees about the benefits of organizing. The Board also adopted the judge’s conclusion that the Respondent violated Section 8(a)(3) and (1) by terminating employees for engaging in union or other protected activities. In addition, the Board adopted the judge’s dismissal of the allegation that the Respondent misclassified employees as independent contractors in violation of Section 8(a)(1). Although the Board declined the General Counsel’s and the Union’s requests for the Board to overrule Velox Express, 368 NLRB No. 61 (2019), and thereby find that the Respondent’s misclassification of the employees was unlawful, Members Prouty and Wilcox noted that they would be open to reconsidering Velox Express in a future appropriate case where the record evidence establishes that the employees knew that their employer was classifying them as independent contractors.
Charge filed by Sprinkler Fitters Local 281. Administrative Law Judge Sarah Karpinen issued her decision on December 11, 2023. Members Kaplan, Prouty, and Wilcox participated.
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Transdev Services, Inc. (05-RC-303421; 373 NLRB No. 122) Baltimore, MD, September 30, 2024.
The Board granted the Petitioner’s Request for Review of the Regional Director’s Decision and Direction of Election as it raised substantial issues warranting review. On review, the Board reversed the Regional Director’s determination and found that the operations supervisors are not supervisors within the meaning of Section 2(11) of the Act. Accordingly, the Board remanded the case to the Regional Director to issue a revised Certification of Representative that included the operations supervisors, given that the voting group had voted 5-0 in favor of joining the existing unit and that the three operations supervisors accordingly could not have changed the result had they been permitted to vote. Member Kaplan agreed that the Employer had not established that the operations supervisors possessed the authority to discipline, but given that they had not had the opportunity to vote, he would have instead directed an additional self-determination election to determine whether the operations supervisors wished to join the existing unit.
Petitioner—Amalgamated Transit Union Local 1764 a/w Amalgamated Transit Union, AFL-CIO, CLC. Members Kaplan, Prouty, and Wilcox participated.
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Falcon Trucking, LLC (25-CA-132518, et al.; 373 NLRB No. 124) Newburgh, IN, September 30, 2024.
The Board adopted the Administrative Law Judge’s conclusions that the Respondents breached the settlement agreement by failing to resume and restore Falcon Trucking’s operations and assignment practices as they existed prior to July 8, 2014, and to bargain in good faith. The Board adopted the judge’s finding that an order requiring the Respondents to restore Falcon Trucking would be unduly burdensome. A majority (Chairman McFerran and Member Kaplan) reversed the judge’s recommended remedy to include an affirmative bargaining order because the unit of truck drivers formerly employed by Falcon Trucking at its Newburgh facility no longer exists. Member Wilcox would order bargaining over the effects of the closure decision. A majority (Chairman McFerran and Member Wilcox) also adopted the judge’s recommended make-whole remedy. Member Kaplan would not impose such a remedy where four of the five affected drivers affirmatively waived their right to reinstatement prior to the 2016 settlement agreement; the fifth driver was fully reinstated in accordance with the terms of the settlement agreement; and the Respondents fully complied with their backpay obligations to all five employees in accordance with the terms of the settlement agreement.
Charges filed by Chauffeurs, Teamsters and Helpers, Local Union No. 215 a/w International Brotherhood of Teamsters. Administrative Law Judge Christal J. Key issued her decision on January 11, 2023. Chairman McFerran and Members Kaplan and Wilcox participated.
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Atwell Hospitality, LLC d/b/a Boston’s Restaurant & Sports Bar (28-CA-301978; 373 NLRB No. 127) Casa Grande, AZ, September 30, 2024.
The Board granted the General Counsel’s Motion for Default Judgment in part, relying solely on the Respondent’s failure to file an answer to the complaint to find that the Respondent violated Section 8(a)(1) by maintaining rules that prohibit, or reasonably may be read to prohibit, conduct protected by Section 7. However, the Board denied the default judgment as to the allegation that an individual not named as an agent of the Respondent unlawfully threatened employees for engaging in protected concerted activity.
Charge filed by an individual. Chairman McFerran and Members Prouty and Wilcox participated.
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Starbucks Corporation (21-CA-294571; 373 NLRB No. 123) Long Beach, CA, October 2, 2024.
The Board adopted the Administrative Law Judge’s conclusions that the Respondent violated Section 8(a)(1) when a high-level official told an employee at a meeting held for area Starbucks’ employees to discuss working conditions, “if you’re not happy at Starbucks, you can go work for another company.” The Board found the statement to be coercive in the context of the employee’s attempt to discuss the benefits of unionization and the Respondent’s unfair labor practices in response to organizing activity. The Board adopted the judge’s dismissal of allegations that the Respondent engaged in unlawful interrogation and polling during the same meeting.
Charge filed by Workers United, a/w Service Employees International Union. Administrative Law Judge Brian D. Gee issued his decision on October 6, 2023. Chairman McFerran and Members Prouty and Wilcox participated.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
No Unpublished R Cases Issued.
C Cases
Alivio Medical Center, Inc. (13-CA-300158) Chicago, IL, September 30, 2024. The Board denied the Respondent’s Request for Special Permission to Appeal an Administrative Law Judge’s order revoking subpoenas duces tecum served by the Respondent on two employees and on the General Counsel. The Board found that the Respondent’s request, filed approximately 5 months after the judge issued the order, did not comply with the promptness requirement set forth in Section 102.26 of the Board’s Rules and Regulations. Charge filed by Service Employees International Union, Healthcare Illinois and Indiana, CTW, CLC. Chairman McFerran and Members Prouty and Wilcox participated.
Methodist Hospitals (13-CA-316990) Merrillville, TN, October 1, 2024. No exceptions having been filed to the August 27, 2024 decision of Administrative Law Judge Paul Bogas’ 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.
Patrick Aluminum, Inc., d/b/a Altec Aluminum Technologies (09-CA-300333) Cincinnati, OH, October 2, 2024. No exceptions having been filed to the August 21, 2024 decision of Administrative Law Judge Lisa Friedheim Weis’ 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.
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Appellate Court Decisions
No Appellate Court Decisions involving Board Decisions to report.
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Administrative Law Judge Decisions
Starbucks Corporation (19-CA-297282 and 19-CA-304679; JD(SF)-27-24) Bellingham, WA. Administrative Law Judge Gerald M. Etchingham issued his decision on September 30, 2024. Charges filed by Workers United Labor Union International, a/w Service Employees International Union,
Del-Air Mechanical Contractors, Inc. (10-CA-311393; JD-57-24) Knoxville, TN. Administrative Law Judge Renee D. McKinney issued her decision on September 30, 2024. Charge filed by Plumbers and Pipefitters of UA, Local 102.
ExxonMobil Corporation and its subsidiary ExxonMobil Fuels and Lubricants Company (15-CA-281938; JD-58-24) Baton Rouge, LA. Administrative Law Judge Christine E. Dibble issued her decision on October 1, 2024. Charge filed by United Steelworkers, Local 13-12.
Starbucks Corporation (15-CA-296254 and 15-CA-298665; JD-28-24) New Orleans, LA, October 2, 2024. Errata to Administrative Law Judge Geoffrey Carter’s May 10, 2024 decision. Errata Amended Decision.
International Brotherhood of Teamsters Local 959 a/w International Brotherhood of Teamsters (United Freight & Transport, Inc,) (19-CB-311844; JD-60-24) Anchorage, AK. Administrative Law Judge Geoffrey Carter issued his decision on October 3, 2024. Charge filed by an individual.
Tesla, Inc. (03-CA-312352; JD-59-24) Buffalo, NY. Administrative Law Judge Ira Sandron issued his decision on October 4, 2024. Charge filed by Rochester Regional Joint Board, Workers United.
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