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Summary of NLRB Decisions for Week of April 15-19, 2013

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

Soaring Eagle Casino and Resort, an Enterprise of the Saginaw Chippewa Indian Tribe of Michigan  (07‑CA‑053586, 359 NLRB No. 92) Mt. Pleasant, MI, April 16, 2013.

The Board found that the employer, an on-reservation, tribally owned and operated casino complex, violated the Act by suspending and discharging an employee for supporting the union, maintaining an overly broad no-solicitation rule, and telling employees they may not talk to one another about the union in the employee hallway. 

Charge filed by the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW).  Administrative Law Judge Michael A. Rosas issued his decision on March 26, 2012.  Chairman Pearce and Members Griffin and Block participated.  

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Norquay Construction, Inc.  (28-CA-023412, 359 NLRB No. 93) Tempe, AZ, April 16, 2013.

The Board found, in the absence of exceptions, that the employer violated Section 8(a)(1) of the Act by interfering with the union’s contractual right to enter the construction project site to perform representative functions.  The Board reversed the administrative law judge’s conclusion that the employer did not violate Section 8(a)(1) by physically ejecting a union representative from an office trailer.  The Board found that the physical assault did violate Section 8(a)(1) because it occurred while the union representative was engaged in Section 7‑protected area-standards activity.  The Board ordered, among other remedies, that the charging party union representative be made whole for any losses that he may have suffered from the unlawful assault, including lost wages and benefits and out-of-pocket medical expenses.

Charge filed by an individual.  Administrative Law Judge Lana H. Parke issued her decision on December 6, 2011.  Chairman Pearce and Members Griffin and Block participated.

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International Union of Operating Engineers, Local 627  (17‑CB‑072671, 359 NLRB No. 91) Oklahoma City and Tulsa, OK, April 17, 2013.

The Board adopted the administrative law judge’s findings that the union violated the Act by denying the charging party’s requests to examine the exclusive hiring hall out-of-work referral list; removing the charging party from the out-of-work referral list and refusing to permit the charging party to re-register on the out-of-work referral list; and refusing to stamp the charging party’s Oklahoma Employment Security Commission work search book.

Charge filed by an individual.   Administrative Law Judge Eleanor Laws issued her decision on August 21, 2012.  Chairman Pearce and Member Block participated.  Member Griffin was recused.

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Lintrac Services, Inc.  (13-CA-091818, 359 NLRB No. 94) Northlake, IL and Conley, GA, April 17, 2013.

The Board granted the Acting General Counsel’s motion for a default judgment in this case on the ground that the respondent failed to file an answer to the complaint.  Finding that the respondent had engaged in certain unfair labor practices, the Board ordered it to cease and desist from (1) failing and refusing to recognize and bargain with the union; (2) interrogating employees about their union activities and their knowledge of the union; (3) threatening to interfere with employee’s union activities; (4) soliciting grievances from employees and impliedly promising to remedy those grievances; (5) impliedly threatening to replace employees’ due to their support of the union and their union activities; (6) impliedly offering job promotions to employees; (7) soliciting employees’ signatures for an antiunion petition; (8) interrogating employees regarding whether they signed the antiunion petition; (9) threatening to terminate employees; (10) creating a new written attendance policy and requiring employees to sign acknowledgement of the policy; (11) changing job requirements regarding driver’s licenses; (12) disciplining employees because they assisted the union and engaged in concerted activities; and (13) terminating employees because they assisted the union and engaged in concerted activities.

Charge filed by International Brotherhood of Teamsters, Local 710.  Chairman Pearce and Members Griffin and Block participated.

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Design Technology Group, LLC d/b/a Bettie Page Clothing and DTG California Management, LLC d/b/a Bettie Page Clothing, a single employer  (20-CA-035511, 359 NLRB No. 96) San Francisco, CA, April 19, 2013.

The Board found that the employer violated the Act by maintaining a Wage and Salary Disclosure rule in its handbook prohibiting the disclosure of wages or compensation to any third party or other employee.  Member Block further found that an additional handbook rule, the Confidential Information Security rule, not alleged in the complaint to be unlawful, also violated the Act.  In addition, the Board found that the employer violated the Act by discharging three employees for engaging in protected concerted activity related to Facebook posting.  The Board also granted tax compensation and Social Security reporting remedies, and ordered a company-wide notice posting for the handbook rule violation. 

Charges filed by an individual.  Administrative Law Judge William G. Kocol issued his decision on April 27, 2012.  Chairman Pearce and Members Griffin and Block participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Collins Reinforcing, Incorporated  (05-RC-099380) Washington, DC, April 15, 2013.  Order granting employer's request for special permission to appeal the Regional Director's decision to direct a manual election and denying the appeal because the employer had not shown that the Regional Director abused his discretion.  The denial of the appeal is without prejudice to the employer's right to file a post-election objection to the conduct of the election concerning the issue raised on review.  Petitioner – International Association of Bridge, Structural, Ornamental, and Reinforcing Iron Workers, Local 201.  Chairman Pearce and Members Griffin and Block participated. 

Macy’s, Inc.  (01-RC-091163) Saugus, MA, April 15, 2013.  Order granting the joint request of the Chamber of Commerce of the United States: Coalition for a Democratic Workplace; American Hotel & Lodging Association; HR Policy Association; International Council of Shopping Centers; International Foodservice Distributors Association; International Franchise Association; National Association of Manufacturers; National Association of Wholesaler-Distributors; National Council of Chain Restaurants; National Federation of Independent Business; and Society for Human Resource Management for permission to file brief as amicus curiae in this case.  Petitioner – United Food & Commercial Workers International Union, Local 1445.

Macy’s, Inc.  (01-RC-091163) Saugus, MA, April 16, 2013.  Order granting the request of the National Retail Federation for permission to file brief as amicus curiae in this case.  Petitioner – United Food & Commercial Workers International Union, Local 1445.

County of Henry and Henry County Sheriff’s Department  (25‑WH‑094431) Cambridge, IL, April 16, 2013.  Certification of representative as bona fide under Section 7 (B) of the Fair Labor Standards Act of 1938.  Petitioner – Illinois Fraternal Order of Police Labor Council.

Total Fire Protection, Inc.  (18-RC-096195) Minneapolis, MN, April 18, 2013.  With no exceptions having been filed, the Board adopted the Regional Director’s findings and recommendations and ordered that this proceeding be remanded to the Regional Director for further appropriate action.  Petitioner – Road Sprinkler Fitters, Local 669, U.A., AFL-CIO.

Pyramic Acquisition II Management, LLC, d/b/a The Fairfax at Embassy Row  (05‑RC‑095207) Washington, DC, April 18, 2013.  With no exceptions having been filed, the Board adopted the Regional Director’s findings and recommendations.  Petitioner – International Union of Operating Engineers, Local 99.

Trevcon Construction Company, Inc., Reicon Group LLC, Urban Foundation/Engineering LLC, General Contractors Association of New York, Inc.  (22‑RC‑070080, et al.) New York, NY, April 19, 2013.  Finding no merit in the exceptions, the Board adopted the hearing officer’s findings and recommendations and issued a certification of representative to Intervenor, New York City District Council of Carpenters.  Petitioner – Dockbuilders Local of Amalgamated Carpenters and Joiners Union.  Chairman Pearce and Members Griffin and Block participated.

C Cases

Milum Textile Services Co.  (28-CA-020898, et al.) Phoenix, AZ, April 15, 2013.  Order approving the respondent’s request to withdraw of its exceptions to the administrative law judge’s May 30, 2012 supplemental decision.  Charges filed by UNITE HERE!

Verizon California, Inc.  (21-CA-039382) April 15, 2013.  Order denying the respondent’s motion for summary judgment.  The denial is without prejudice to the respondent’s right to renew its deferral arguments to the administrative law judge and to raise the deferral issue before the Board on any exceptions that may be filed to the judge’s decision, if appropriate.  Charge filed by Communications Workers of America, Local 9588, AFL-CIO.  Chairman Pearce and Members Griffin and Block participated.

AFL Quality NY, LLC, Inc. d/b/a AFL Web Printing  (22-CA-078497) Secaucus, NJ, April 16, 2013.  With no exceptions having been filed, the Board adopted the findings and conclusions of the administrative law judge’s decision and ordered the respondent to take the recommended action.  Charge filed by Local One‑L Amalgamated Lithographers of America, GCC/IBT.

Endo Painting Service, Inc.  (20-CA-080565) Honolulu, HI, April 18, 2013.  Order denying the union’s motion to strike respondent’s exceptions to the decision of the administrative law judge for failure to comply with Section 102.46 of the Board’s rules and regulations.  Charge filed by International Union of Painters and Allied Trades.

Heil Co., Inc. (The) d/b/a Heil Environmental  (10-CA-073344, et al.) Fort Payne, AL, April 18, 2013.  Order denying the Acting General Counsel’s request for special permission to appeal the administrative law judge’s ruling approving a non-Board settlement agreement settling the complaint allegations.  The Board found that the settlement agreement substantially remedies the violations alleged in the second amended consolidated complaint, and effectuates the purposes of the Act.  Charges filed by United Steel, Paper & Forestry, Rubber, Manufacturing, Energy, Allied Industrial & Service Workers International Union, AFL-CIO-CLC.  Chairman Pearce and Members Griffin and Block participated.

Quantum Hotels, LLC; Metropolitan Lodging, LLC; and Wick Road Hotel Management, LLC; alter egos, d/b/a Metropolitan Hotel, Romulus (The)  (07‑CA‑090429) Romulus, MI, April 18, 2013.  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 Local 24, UNITE HERE!, AFL-CIO. 

Newark Portfolio JV, LLC  (22-CA-100534) Newark, NJ, April 18, 2013.  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 Residential Laborers, Local 55, Laborers International Union of North America.

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Appellate Court Decisions

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

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Administrative Law Judge Decisions

Pier Sixty, LLC  (02-CA-068612, et al., JD(NY)‑17‑13) New York, NY.  Charges filed by individuals.  Administrative Law Judge Lauren Esposito issued her decision on April 18, 2013.

UPMC and its subsidiaries UPMC Presbyterian Shadyside and Magee-Women’s Hospital of UPMC, single employer, d/b/a Shadyside Hospital and/or Presbyterian Hospital and/or Montefiore Hospital and/or Magee-Women’s Hospital  (06‑CA‑081896, JD‑28‑13) Pittsburgh, PA.  Charge filed by SEIU Healthcare Pennsylvania, CTW, CLC.  Administrative Law Judge David I. Goldman issued his decision on April 19, 2013.

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