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Summary of NLRB Decisions for Week of September 6 - 9, 2016

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

Aramark Uniform & Career Apparel, LLC  (13-RC-176276; 364 NLRB No. 120)  Burr Ridge, IL, September 9, 2016.

The Board denied the Intervenor’s Request for Review of the Acting Regional Director’s Report on Objections and Certification of Representative on the ground that it raised no substantial issue warranting review.  The Acting Regional Director overruled the Intervenor’s objections based on its failure to follow the relevant filing and service requirements under Section 102.69(a) of the Board’s Rules and Regulations, as amended.  Petitioner – Teamsters Local Union No. 731.  Intervenor – National Production Workers Union Local 707.  Chairman Pearce and Members Miscimarra and McFerran participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Clerac, LLC d/b/a National Car Rental and Alamo Rent-A-Car  (08-RD-160148)  Cleveland, OH, September 7, 2016.  The Board denied the Employer’s Request for Review of the Regional Director’s dismissal of a decertification petition on the ground that it raised no substantial issues warranting reversal of the Regional Director’s action (the RD had applied the blocking charge doctrine).  While expressing his disagreement with the Board’s blocking charge doctrine, Member Miscimarra agreed that the Regional Director had not abused his discretion in applying the doctrine in this case.  Petitioner – an individual.  Union – Teamsters Local Union No. 293, affiliated with International Brotherhood of Teamsters.  Chairman Pearce and Members Miscimarra and McFerran participated.

C Cases

Anthony & Associates, Inc.  (05-CA-153220)  Bethesda, MD, September 6, 2016.  Order denying Motion for Reconsideration and to Reopen and/or Modify or Correct Record.

United States Postal Service  (10-CA-158384, et al.)  at various locations in Alabama, September 9, 2016.  The Board approved a formal settlement stipulation between the Respondent, the Charging Parties, and the General Counsel, and specified actions the Respondent must take to comply with the Act.  Charges filed by American Postal Workers Union, Birmingham Local 303 and American Postal Workers Union, North Alabama Area Local 359.  Chairman Pearce and Members Miscimarra and McFerran participated.

Fraser Petroleum Services, Inc. and Fraser Engineering Company, Inc., a single employer  (01-CA-150746 and 01-CA-153888)  Newton, MA, September 9, 2016.  The Board approved a formal settlement stipulation between the Respondent, the Charging Party, and the General Counsel, and specified actions the Respondent must take to comply with the Act.  Charges filed by Local 537, Pipefitters Association of Boston, a/w United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada.  Chairman Pearce and Members Miscimarra and McFerran participated.

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Appellate Court Decisions

ISS Facility Services, Inc., Board Case No. 28-CA-126024 (reported at 363 NLRB No. 160) (5th Cir. decided September 7, 2016)

In an unpublished per curiam order, the court granted the Employer’s motion for summary reversal of the Board’s decision.  Applying D.R. Horton and Murphy Oil, the Board found the Employer violated Section 8(a)(1) by maintaining a mandatory arbitration agreement requiring 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.  The Board also found the agreement unlawful because employees would reasonably read it as restricting their right to file unfair labor practice charges with the Board.  The order issued almost four months after the Fifth Circuit denied the Board’s petition for rehearing en banc in Murphy Oil USA, Inc. v. NLRB, 808 F.3d 1013 (5th Cir. 2015), in which the court held it was bound by its prior decision in D.R. Horton v. NLRB, 737 F.3d 344 (5th Cir. 2013), denying enforcement in relevant part 357 NLRB No. 184 (Jan. 3, 2012), petition for reh’g en banc denied, 5th Cir. No. 12-60031 (Apr. 16, 2014).  The Board has filed a petition for certiorari seeking Supreme Court review of the Fifth Circuit’s decision in Murphy Oil.

The court’s September 7, 2016 order is here.

Delek Refining, LTD, Board Case No. 16-CA-158842 (reported at 363 NLRB No. 41) (5th Cir. decided September 6, 2016)

In an unpublished per curiam opinion, the court enforced the Board’s order issued against this operator of a petroleum refinery in Tyler, Texas, for violating Section 8(a)(5) and (1) for refusing to bargain with United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO (USW) Local 202. 

In the underlying representation case, the Union, which has continuously represented a bargaining unit at the refinery since 1951, petitioned the Board for a self-determination election among storeroom attendants at the refinery to determine whether they wished to join the existing unit of 160 other refinery employees.  The Employer challenged their inclusion in the unit, arguing that they did not share a sufficient community of interest with unit employees.  After a hearing, the Regional Director issued a decision finding the petitioned-for unit appropriate.  The Employer requested review, which the Board denied.  After the employees voted to join the unit in a June 2015 election, the Board certified the Union.  The Employer then refused to bargain in order to seek court review.  Without comment, the court enforced.

The court’s opinion is here.

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Administrative Law Judge Decisions

20/20 Communications, Inc.  (12-CA-165320; JD-86-16)  Fort Worth, TX.  Administrative Law Judge Michael A. Rosas issued his decision on September 6, 2016.  Charge filed by an individual.

Laborers’ International Union of North America, Local Union No. 91 (Council of Utility Contractors, Inc. and various other Employers)  (03-CB-163940; JD-87-16)  Buffalo, NY.  Administrative Law Judge Arthur J. Amchan issued his decision on September 7, 2016.  Charge filed by an individual.

Preferred Building Services, Inc. and Rafael Ortiz d/b/a Ortiz Janitorial Services, Joint Employers  (20-CA-149353; JD(SF)-36-16)  San Francisco Bay Area, CA.  Administrative Law Judge Mary Miller Cracraft issued her decision on September 9, 2016.  Charge filed by Service Employees International Union Local 87.

Kroger Limited Partnership I Mid-Atlantic  (05-CA-155160; JD-88-16)  Portsmouth, VA.  Administrative Law Judge Donna N. Dawson issued her decision on September 9, 2016.  Charge filed by United Food and Commercial Workers Union Local 400.

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