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Summary of NLRB Decisions for Week of April 14 - 18, 2014

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 Public Affairs at Publicinfo@nlrb.gov or 202‑273‑1991.

Summarized Board Decisions

Fallbrook Hospital Corporation d/b/a Fallbrook Hospital  (21-CA-090211 and 096065; 360 NLRB No. 73)  Fallbrook, CA, April 14, 2014. 

The Board unanimously adopted the Administrative Law Judge’s findings that the Respondent violated Section 8(a)(5) and (1) by:  (a) refusing to bargain with the Union over the terms of an initial collective-bargaining agreement; (b) refusing to bargain with the Union over employee discharges and their effects; and (c) refusing to furnish the Union with relevant, requested information concerning employee discharges.  In addition, the Board majority consisting of Chairman Pearce and Member Hirozawa adopted the Judge’s finding that the Respondent violated Section 8(a)(5) and (1) by refusing to submit proposals or counterproposals during the first eight bargaining sessions until it received a full set of the Union’s proposals, and further found that the Respondent unlawfully conditioned bargaining on unit employees abandoning the use of certain Union forms.  Member Johnson dissented from these latter two findings.  The same Board majority also reversed the Judge and ordered a full 1-year extension of the certification year and reimbursement of the Union’s negotiating expenses.  Member Johnson, dissenting, agreed with the Judge’s recommendation to extend the certification year by 6 months and to deny the Union’s request for negotiating expenses.  Charges filed by California Nurses Association/National Nurses Organizing Committee (CNA/NNOC), AFL–CIO.  Administrative Law Judge Eleanor Laws issued her decision on May 16, 2013.  Chairman Pearce and Members Hirozawa and Johnson participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Micropower USA Corp.  (02-RC-108839)  New York, NY, April 14, 2014.  The Employer having withdrawn its exceptions to the Regional Director’s overruling of its objections to an election held September 10 and 14, 2014, and with no other exceptions pending and the time allowed for such filing having expired, the Board adopted the Regional Director’s findings and recommendations and certified Petitioner New York State United Teachers, American Federation of Teachers, AFL-CIO as the exclusive collective-bargaining representative of the employees in the appropriate unit. 

Entergy Operations Inc.  (15-RC-121665)  Port Gibson, MS, April 15, 2014.  The Board denied the Employer’s request for review of the Regional Director’s decision and direction of election on the ground that it raised no substantial issues warranting review.  Petitioner—International Brotherhood of Electrical Workers, Local 605.  Members Hirozawa, Johnson, and Schiffer participated.

H2O Landscape Design Inc. d/b/a H2O Utility Contractors  (02-RC-116739)  Bronx, New York, April 16, 2014.  The Board adopted the Regional Director’s findings and recommendations to overrule seven of the Employer’s objections to the election.  The objections concerned alleged misrepresentations and threats made by the Petitioner and a meeting held by the Petitioner within 24 hours of the election.  No appeal was filed to the Regional Director’s finding that one the Employer’s objections raises substantial and material issues of fact warranting a hearing.  Petitioner—International Brotherhood of Electrical Workers, Local 1430, AFL-CIO.  Members Hirozawa, Johnson, and Schiffer participated.

Renaissance Hotel Operating Company  (28-RD-112742 and 113966)  Phoenix, Arizona, April 16, 2014.  The Board denied the Petitioners’ request for review of the Regional Director’s Order Consolidating Cases and Dismissing Decertification Petitions on the ground that the request for review raised no substantial issues warranting reversal of the Regional Director’s action.  The Board found that, as the Regional Director found merit to related unfair labor practice charges challenging the circumstances surrounding the decertification petitions, and the alleged conduct, if proven, directly would affect the petitions, the Regional Director properly dismissed the petitions.  The Board held that the petitions are subject to reinstatement, if appropriate, after final disposition of the unfair labor practice proceedings.  Petitioners were made parties in interest in related unfair labor practice cases solely for the purpose of receiving notification of the final outcome of those cases.  Petitioners—Individuals.  Members Hirozawa, Johnson, and Schiffer participated.

Volkswagen Group of America, Inc.  (10-RM-121704)  Chattanooga, TN, April 16, 2014.  The Board found that, in the unique circumstances of this case, the Acting Regional Director did not abuse her discretion in permitting seven of the Employer-Petitioner’s employees and a corporation of which one of the employees was a director, to participate in the hearing on the Union’s objections to conduct affecting the results of the election, for the limited purposes of (1) offering evidence in opposition to the objections, (2) cross-examining witnesses, and (3) filing briefs.  Some of the objections named the corporation and at least one of the employees, and it appeared that only the Union would present evidence or argument in connection with the objections unless such participation was granted.  Union—International Union, United Automobile, Aerospace and Agricultural Implement Workers America—UAW.  Members Miscimarra, Hirozawa, and Johnson participated. 

C Cases

Midwest Division – MMC, LLC d/b/a Menorah Medical Center  (17-CA-088213 and 091912) Overland Park, KS, April 16, 2014.  The Board granted the motion of the American Hospital Association, the Kansas Hospital Association, the Texas Hospital Association and the Texas Nurses Association to file an amici curiae brief in this case.

Nexeo Solutions, LLC  (13-CA-046694, et al.)  Willow Springs, IL, April 16, 2014.  The Board granted the parties’ joint motion to sever Cases 13-CA-046694 and 13-CA-062072 from Case 20-CA-035519, and to remand the two severed cases to the Regional Director for further appropriate action, in light of the withdrawal of pending exceptions for those two cases.  The exceptions in Case 20-CA-035519 remain pending before the Board for consideration.

General Steel Drum, LLC and Myers Container, LLC, Joint Employers  (10-CA-115129) Charlotte, NC, April 16, 2014.  The Board denied the Employer’s petition to partially revoke a subpoena duces tecum.  The Board found that the subpoena sought information relevant to the matters under investigation and described with sufficient particularity the evidence sought.  Further, the Board found that the Employer failed to establish any other legal basis for revoking the subpoena.  Charge filed by International Brotherhood of Teamsters, Local 71.  Members Miscimarra, Hirozawa and Johnson participated.

Hospital of Barstow, Inc. d/b/a Barstow Community Hospital  (31-CA-111867)  Barstow, CA, April 16, 2014.  The Board denied the Employer’s petition to revoke a subpoena duces tecum. The Board found that the subpoena sought information relevant to the matters under investigation and described with sufficient particularity the evidence sought.  Further, the Board held that the Employer failed to establish any other legal basis for revoking the subpoena.  Charge filed by California Nurses Association/National Nurses Organizing Committee (CNA/NNOC).  Members Miscimarra, Hirozawa and Johnson participated.

Ampersand Publishing, LLC d/b/a Santa Barbara News-Press  (31-CA-029759, et al.)  Santa Barbara, CA, April 17, 2014.  The Board denied the Respondent’s motion to dismiss the Complaint.  Charges filed by Graphic Communications Conference, International Brotherhood of Teamsters.  Members Miscimarra, Hirozawa, and Johnson participated.

Cushman and Wakefield, Inc.  (04-CA-094600 and 102858)  Newark, DE, April 18, 2014.  No exceptions having been filed to the Administrative Law Judge’s findings that the Respondent 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 an individual.  Administrative Law Judge Susan A. Flynn issued her decision on March 5, 2014.

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Appellate Court Decisions

No Appellate Court Decisions involving Board decisions to report.

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Administrative Law Judge Decisions

No decisions issued.

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