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Summary of NLRB Decisions for Week of April 23-27, 2012

The Summary of NLRB Decisionsis 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 Decision

Alternate Concepts, Inc. (28-RC-006750; 358 NLRB No. 38) Phoenix, AZ, April 27, 2012.

The Board, reversing the Regional Director, found that the employer, which operates the light rail transit system in Phoenix, AZ, had failed to establish that line controllers and crew dispatchers are supervisors within the meaning of the Act.  The Board found that crew dispatchers, who are primarily responsible for the safe and timely dispatch of trains according to established route schedules, and line controllers, who are responsible for ensuring that the trains operate on schedule and that service is maintained, do not have the authority to “assign” or “responsibly direct” employees using independent judgment.  The Board concluded that they may be included in a unit with field supervisors and the supervisor/instructor.

Petitioner – Office and Professional Employees international Union, Local 30.  The Regional Director issued decision on January 10, 2011.  Chairman Pearce and Members Griffin and Block participated.

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American Postal Workers Union, Local 886 (17-CB-006651, 358 NLRB No. 36) Salina, KS, April 27, 2012.

The Board affirmed the administrative law judge’s dismissal of a complaint alleging that the American Postal Workers Union, Local 886 violated the Act by excluding the charging party from a grievance settlement because the employee was not a member of the Union.

Charge filed by an Individual.  Administrative Law Judge George Carson II issued his decision on December 15, 2011.  Members Hayes, Flynn, and Block participated. 

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Case

Dyno Nobel, Inc. (19-RC-075260) Deer Island, OR, April 23, 2012.  Order denying employer’s request for review of the Regional Director’s decision and direction of election.  Petitioner – Association of Western Pulp and Paper Workers Union, affiliated with the United Brotherhood of Carpenters and Joiners of America.  Chairman Pearce and Members Flynn and Block participated.

Children’s Hospital and Research Center of Oakland, Inc. d/b/a Children’s Hospital of Oakland (32-RC-005617) Oakland, CA, April 23, 2012.  Order granting petitioner’s motion to remand case to the Regional Director for the scheduling of a new election.  Petitioner – National Union of Healthcare Workers.  Chairman Pearce and Members Flynn and Block participated.

ADT Security Services, Inc. (12-RC-071890) Miramar, FL, April 24, 2012.  Order denying employer’s motion for reconsideration of the Board’s April 9, 2012 decision on review and order.  Petitioner – International Brotherhood of Electrical Workers, Local 349, AFL-CIO.   Members Hayes, Flynn, and Griffin participated.

Watson Health Care, Inc. (07-RC-073071) Southfield, MI, April 24, 2012.  Decision and certification of results of election.  Petitioner – SEIU Healthcare Michigan. 

Artiflex Manufacturing, LLC (08-UD-066551) Clyde and Wooster, OH, April 24, 2012.  Decision, Order (that election be set aside and a new election be conducted), and direction of second election.  Petitioner – United Steel, Paper, and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Local 1-801.

PD Associates Rosemont, LLC, d/b/a Embassy Suites Rosemont and PD Associates Rosemont 2, LLC, d/b/a Doubletree Hotel Rosemont (13‑RD‑072279) Rosemont, IL, April 25, 2012.  Decision and certification of representative.  Petitioner – an individual. 

March Associates Construction, Inc. (22-RC-075268) Wayne, NJ, April 27, 2012.  Order denying employer’s request for review of the Regional Director’s decision and direction of election.  Member Flynn dissented: would have granted review.  Petitioner – New Jersey Building Construction Laborers District Council.  Chairman Pearce and Members Flynn and Block participated.

Cases

Case Farms Processing, Inc. (08-CA-039152, et al.) Winesburg, OH, April 23, 2012.  Order adopting the Administrative Law Judge’s findings and conclusions and ordering the respondent to take recommended action.  Charges filed by United Food & Commercial Workers, Local 880.

American Bottling Company, Inc. (The) d/b/a Dr. Pepper Snapple Group (08-CA-039327) Twinsburg, OH, April 24, 2012.  Order denying intervenor’s motion of reconsideration.  Charge filed by Teamsters, Local 293 a/w International Brotherhood of Teamsters.  Chairman Pearce and Members Hayes and Griffin participated.

VERITAS Health Services, Inc. d/b/a Chino Valley Medical Center (31-CA-029713, et al.) Chino, CA, April 26, 2012.  Order granting respondent’s request to accept late-filed brief.  Charges filed by United Nurses of CA/Union of Healthcare Professionals, NUHHCE, AFSCME, AFL-CIO.

NAACP Houston Branch (16-CA-027783) Houston, TX, April 26, 2012.  Order denying respondent’s motion to file brief and exceptions outside of deadline.  Member Flynn dissented: would have granted the motion and accepted the brief and exceptions, finding “excusable neglect” under the specific circumstances presented.  Charge filed by an individual.  Members Griffin, Flynn, and Block participated.

NAACP Houston Branch (16-CA-027783) Houston, TX, April 27, 2012.  Corrected order.  Charge filed by an individual.  Chairman Pearce and Members Flynn and Block participated.

Kingspan Insulated Panels d/b/a Kingspan Benchmark (09-CA-072906, et al.) Columbus, OH, April 27, 2012.  Order granting Acting General Counsel’s request for special permission to appeal administrative law judge’s April 23, 2012 order denying petition to revoke the subpoena.  Charges filed by Sheet Metal Workers International Association, Local 24.  Members Griffin, Flynn, and Block participated.

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Appellate Court Decisions

Physicians & Surgeons Ambulance Svc., Board Case No. 8-CA-39333 (reported at 356 NLRB No. 149) (D.C. Cir. decided April 25, 2012)

In an unpublished judgment, the Court enforced the Board's order in this refusal-to-bargain case, agreeing that the Board agent's use of a tabletop voting booth did not undermine the election's privacy and integrity, and that the employer was required to bargain with the union based on its 19‑17 victory in the election.

The standard cardboard tabletop voting booth used here looks like a lectern with higher sides that fold in at the top to offer additional privacy.  It shields voters’ lower arms and hands and the desk as they mark their ballot; their faces and upper arms remain visible.  At the election, the Board agent set up the table about five feet from (and facing) the observers’ table, so that the voters faced the observers’ table and ballot box as they completed their ballots.  The employer did not object to this arrangement during the election.  But, afterwards, the employer complained that the placement of the voting booth compromised the voters' privacy, and submitted affidavits from employees alleging that their faces and arm movement could be seen.  The Board, Member Hayes dissenting, rejected the employer's objections and certified the election results, finding that the employer failed to show that any employees' privacy was compromised or that their votes were visible.

Although the employer claimed to the Court that the Board departed from its precedent, the Court disagreed.  Instead, it concluded that the Board's interpretation of its own cases-- that it had "never set aside an election . . . where, as here, the election was conducted using a Board-sanctioned voting booth"--was entitled to deference.  Thus, the Court held that "the Board rested upon a rule that accords with its precedents and [the employer] presents no basis for rejecting that rule."

The Court's decision is available here.

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Decisions of Administrative Law Judges

American Postal Workers Union, San Francisco Local, AFL-CIO (20-CB-062958; JD(SF)‑20‑12) San Francisco, CA.  Charge filed by an individual.  Administrative Law Judge Gerald A. Wacknov issued his decision on April 23, 2012.

RSN & Associates, Inc. (20-CA-035612, et al.; JD(SF)-19-12) Sacramento, CA.  Charges filed by UNITE HERE, Local 49, UNITE HERE!, AFL-CIO.  Administrative Law Judge John J. McCarrick issued his decision on April 23, 2012.

Fresh & Easy Neighborhood Market, Inc. (28-CA-064411; JD(NY)-14-12) Phoenix, AZ.  Charge filed by an individual.  Administrative Law Judge Joel P. Biblowitz issued his decision on April 23, 2012.

Redburn Tire Company( 28-CA-023527, et al.; JD(SF)-13-12) Phoenix, AZ.  Charges filed by General Teamsters (excluding Mailers), State of Arizona, Local 104, an affiliate of the International Brotherhood of Teamsters.  Administrative Law Judge Gerald A. Wacknov issued his decision on April 23, 2012.

590-600 Realty Corp. (29-CA-065971; JD(ATL)-11-12) Hempstead, NY.  Charge filed by Service Employees International Union, Local 32BJ.  Administrative Law Judge William N. Cates issued his decision on April 27, 2012.

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; JD(SF)-21-12) San Francisco, CA.  Charge filed by an individual.  Administrative Law Judge William G. Kocol issued his decision on April 27, 2012.

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