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Summary of NLRB Decision for Week of February 6-10, 2012

The Weekly Summary 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 Public Affairs at Publicinfo@nlrb.gov or 202-273-1991.

 

Summarized Board Decisions

Human Services Projects, Inc. d/b/a Teen Triumph (32-CA-25262; 358 NLRB No. 2) Stockton, CA, February 6, 2012.

The Board found an unlawfully discharged employee ineligible for reinstatement because of post discharge misconduct.  The employee followed a coworker in a parking lot 5 months after his discharge and engaged in a profanity-laced tirade about an unrelated matter.  The Board concluded that this misconduct was not provoked by the Employer’s unlawful action and rendered him unfit for further service.  Member Flynn further found that the employee’s refusal to the leave the employer’s premises and violent gestures toward the chief financial officer immediately after his discharge tend to support the conclusion that the employee was unfit for further service as a child care worker in residential facilities for sex and youth offenders. 

Charges filed by an individual.  Administrative Law Judge Jay R. Pollack issued his decision June 23, 2011.  Chairman Pearce and Members Griffin, Jr. and Flynn participated.

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Noel Canning, a Division of the Noel Corporation (19-CA-32872; 358 NLRB No. 4) Yakima, WA, February 8, 2012.

The Board adopted the Administrative Law Judge’s finding that the respondent employer violated Section 8(a)(5) of the Act by refusing to reduce to writing and to execute a collective-bargaining agreement reached with the union, including payment of a retroactive bonus. 

Charge filed by Teamsters, Local 760.  Administrative Law Judge Gerald A. Wacknov issued his decision on September 26, 2011.  Members Hayes, Flynn, and Block participated.

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Asher Candy, Inc. and Sherwood Brands, Inc., a single employer, etc. (29-CA-26761; 358 NLRB No. 5) Rockville, MD, February 8, 2012.

The Acting General Counsel sought default judgment in this case on the ground that the respondents failed to file an answer to the amended compliance specification.  The Board ordered that the respondents jointly and severally make whole the unit employees named in the Board’s supplemental decision and order by paying them the total amount due of $279,523.20, with interest, minus tax withholdings required by federal and state laws.

Charge filed by Bakery, Confectionary, Tobacco Workers & Grain Millers International Union, Local 102, AFL-CIO.  Chairman Pearce and Members Hayes and Griffin, Jr. participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

J & K Mechanical, Inc. (07-RM-069501) Maybee, MI, February 3, 2012.  Order denying union’s request for review of the Acting Regional Director’s decision and direction of election. Petitioner – Sheet Metal Workers’ International Association, Local 33, AFL-CIO.  Chairman Pearce and Members Hayes and Griffin, Jr. participated.

Pomptonian Food Service (22-RM-00755) Fairfield, NJ, February 7, 2012.  Order denying employer’s request for review of the Regional Director’s order on remand and dismissal of petition.  Petitioner – SEIU, Local 32BJ.  Chairman Pearce and Members Hayes and Griffin, Jr. participated.

Suiza Dairy Corporation, Group Gloria Holding Corporation (24-RC-61098) Ponce, PR, February 7, 2012.  Decision and certification of representative.  Petitioner – Union de Tronquistas de Puerto Rico, Local 901, IBT.

Grace Industries, LLC (29-RC-12031, et al.) Plainview, NY, February 8, 2012.  Order granting petitioner/intervenor request for review of the Regional Director’s second supplemental decision.  Petitioner – Highway Road and Street Construction Laborers, Local 1010, Laborers International Union of North America, AFL-CIO.  Chairman Pearce and Members Hayes and Griffin, Jr. participated.

Jani-King (01-RC-66006) Providence, RI, February 8, 2012.  Decision and certification of results of election.  Petitioner – RI Council 94, American Federation of State, County & Municipal Employees, AFL-VIO.

Sands Bethworks Gaming, LLC d/b/a Sands Casino Resort Bethlehem (4-RC-21833) Bethlehem, PA, February 10, 2012.  Decision and certification of representative.  Petitioner – Law Enforcement Employees Benevolent Association.  Chairman Pearce and Members Hayes and Griffin, Jr. participated.

C Cases

WKYC-TV, Inc. (08-CA-39190) Cleveland, OH, February 6, 2012.  Order granting motion to file amicus brief.  Charge filed by National Association of Broadcast Employees and Technicians, NABET, Local 42 a/w Communication Workers.

Rain Creek Baking Company (The) (32-CA-63101, et al.) Madera, CA, February 7, 2012.  Order denying petitions to revoke subpoenas ad testificandum A-894347 and subpoena duces tecum B-616912.  Charges filed by Bakery, Confectionery, Tobacco Workers & Grain Millers Union, Local 85, AFL-CIO.  Chairman Pearce and Members Hayes and Griffin, Jr. participated.

Center for Social Change, Inc. (05-CA-72211) Elkridge, MD, February 7, 2912.  Order transferring proceeding to the Board and notice to show cause why the Acting General Counsel’s motion should not be granted.  Charge filed by Service Employees International Union, Local 500.

Trinity Protection Services, Inc. (32-CA-67676) Stockton, CA, February 8, 2012.  Order denying petitions to revoke subpoenas.  Charge filed by an individual.  Chairman Pearce and Members Hayes and Griffin, Jr. participated.

Comau, Inc. (07-CA-52614, et al.) Southfield, MI, February 8, 2012.  Order vacating and setting aside decision and order.  Charges filed by Automated Systems Workers, Local 1123, affiliated with Carpenters Industrial Council, United Brotherhood of Carpenters and Joiners of America.  Chairman Pearce and Members Hayes and Griffin, Jr. participated.

First Student, Inc. (08-CA-64827, et al) Marysville, OH, February 8, 2012.  Order denying petition to revoke subpoena.  Charges filed by Teamsters, Local 413.  Chairman Pearce and Members Hayes and Griffin, Jr. participated.

Joseph Haggins and Linda Szymoriak-Haggins d/b/a His and Her Beauty Spa (16-CA-28076, et al.) Universal City, TX, February 10, 2012.  Order transferring proceeding to the Board and notice to show cause why the Acting General Counsel’s motion should not be granted.  Charges filed by United Food and Commercial Workers, Local 465.

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Appellate Court Decisions

No Appellate Court decisions involving NLRB cases were issued this week.

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Decisions of Administrative Law Judges

Flex Frac Logistics LLC, and Silver Eagle Logistics, LLC, joint employers (16-CA-27978; JD(ATL)-06-12) Fort Worth, TX.  Charge filed by an individual.  Administrative Law Judge Margaret G. Brakebusch issued her decision on February 6, 2012.

Tesoro Refining and Marketing Co. (18-CA-19615, et al.; JD-07-12) Mandan, ND.  Charges filed by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Local 10.  Administrative Law Judge Mark Carissimi issued his decision on February 7, 2012.

Mi Pueblo Foods (32-CA-25677; JD(SF)-06-12) Northern CA.  Charge filed by International Brotherhood of Teamsters, Local 853, a/w Change to Win.  Administrative Law Judge Eleanor Laws issued her decision on February 9, 2012.

Newspaper and Mail Deliverers’ Union of New York and Vicinity (NYP Holdings, Inc., d/b/a New York Post) (02-CB-21740, et al.; JD(NY)-04-12) New York, NY.  Charges filed by individuals.  Administrative Law Judge Raymond P. Green issued his decision on February 10, 2012.

Art’s Way Vessels, Inc. (33-CA-15771; JD-08-12) Dubuque, IA.  Charge filed by International Association of Machinists and Aerospace Workers, AFL-CIO.  Administrative Law Judge Earl E. Shamwell, Jr. issued his decision on February 10, 2012.

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