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Summary of NLRB Decisions for Week of April 8-12, 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

Laborers’ International Union of North America (AFL-CIO), Laborers, Local 860 and McNally/Kiewit ECT JV  (08-CD-086140, 359 NLRB No. 89) Cleveland, OH, April 8, 2013.

In this jurisdictional dispute, the Board awarded the work in dispute to employees represented by the Laborers’ International Union of North America, Local 860, on the basis of employer preference, area and industry practice, relative skills and training, economy, and efficiency of operations. 

Charge filed by International Union of Operating Engineers, Local 18.  Hearing Officer Catherine A. Modic issued her report on October 24, 2012.  Chairman Pearce and Member Block participated.  Member Griffin recused himself and took no part in the consideration of this case.

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Leader Communications, Inc.  (17-CA-069008, 359 NLRB No. 90) Oklahoma City, OK, April 10, 2013.

The Board adopted the administrative law judge’s finding that the respondent bargained in bad faith when it repudiated, without good cause, the November 29, 2011, tentative agreement with the union. The Board did not rely on the judge’s findings that the respondent bargained in bad faith by other conduct. 

Charges filed by International Association of Machinists, Local 171, AFL-CIO.  Administrative Law Judge Gerald M. Etchingham issued his decision on July 5, 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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases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

Technology Solutions, Inc.  (29-RC-097394) Brooklyn, NY, April 8, 2013.  With no exceptions having been filed, the Board adopted the Regional Director’s findings and recommendations.  It was ordered that this proceeding be remanded to the Regional Director for further appropriate action.  Petitioner – Local 1430, International Brotherhood of Electrical Workers.

Beacon Sales Acquisition d/b/a Beacon Sales Company  (01‑RC‑098033) Peabody, MA, April 8, 2013.  Order denying the employer’s request for review of the Regional Director’s decision and direction of election and the employer’s request to stay proceeding.  Petitioner – Teamsters, Local 25 a/w International Brotherhood of Teamsters.  Chairman Pearce and Members Griffin and Block participated.

McLean County District 5/First Student  (25-RD-092547) Normal, IL, April 9, 2013.  Order denying petitioner’s request for review of the Regional Director’s administrative dismissal of the petition and affirming the dismissal.  Petitioner – an individual.  Chairman Pearce and Members Griffin and Block participated.    

Fordham Hills Owners Corporation  (02-RC-098661) Bronx, NY, April 9, 2013.  Order denying the employer’s request for review of the Regional Director’s decision and direction of election.  The Board indicated that a decision will follow.  Petitioner – United Federation of Special Police and Security Officers, Inc.  Chairman Pearce and Members Griffin and Block participated.

County Line BMW  (34-RD-094347) Watertown, CT, April 9, 2013.  Order denying the petitioner’s request for review of the Regional Director’s administrative dismissal of the petition and affirming the Regional Director’s dismissal.  Petitioner – an individual.  Chairman Pearce and Members Griffin and Block participated.

John Lucas Tree Experts Co. d/b/a Lucas Tree Experts  (01‑RC‑097504) Plainfield, CT, April 10, 2013.  Order denying the employer’s request for review of the Regional Director’s decision and direction of election directing an election in a unit of working foreman and laborers performing contractual tree-trimming and other services around electrical power lines.  The Board also denied the employer’s motion to amend unit definition that sought to exclude the “travel crew” employees from the unit description.  The Board found amendment to be unnecessary given that the parties had already stipulated, at the hearing, to the exclusion of these employees.  Petitioner – International Brotherhood of Electrical Workers, Local 42, AFL-CIO.  Chairman Pearce and Members Griffin and Block participated.

C Cases

Price Rite Supermarket  (34-CA-092127) Bridgeport, CT, April 8, 2013.  Order denying the petition to revoke subpoena duces tecum.  Charge filed by United Food & Commercial Workers Union, Local 371.  Chairman Pearce and Members Griffin and Block participated.

Castlewood Country Club  (32-CA-024980, et al.) Pleasanton, CA, April 9, 2013.  Order granting the counsel for the Acting General Counsel’s motion that this case be remanded to the regional office for the purpose of determining whether the charging party’s withdrawal of the charges should be approved in light of the parties’ non-Board settlement.  Case remanded to the Regional Director for further appropriate action.  Charges filed by UNITE HERE, Local 2850.

24 Hour Fitness USA, Inc.  (20-CA-03419) Larkspur, CA, April 9, 2013.  Order granting the request of the Chamber of Commerce of the United States for permission to file brief Amicus Curiae and supplemental letter.  Charge filed by an individual.

United Parcel Services, Inc.  (26-CA-072915, et al.) Nashville, TN, April 11, 2013.  Counsel for the Acting General Counsel requested that the Board rescind its order transferring proceeding so that the Acting General Counsel may file a motion with the administrative law judge requesting a clarification of her decision issued on March 4, 2013 regarding issues set forth in the Acting General Counsel’s motion.  Having duly considered the matter, notice was given that cause be shown, in writing, filed with the Board on or before April 25, 2013 (with affidavit of service on the parties to this proceeding), why the Acting General Counsel’s motion should not be granted.  Any briefs or statements in support of the motion shall be filed by the same date.  Charges filed by Teamsters, Local 480, affiliated with International Brotherhood of Teamsters.

Davies, Inc. d/b/a Dallas Glass  (19-CA-078239) Salem, OR, April 11, 2013.  With no statement of exceptions having been filed, the Board adopted the findings and conclusion of the administrative law judge’s decision’s and accordingly, the complaint was dismissed.  Charge filed by International Union of Painters and Allied Trades, District Council No. 5.

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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

Nichols Aluminum, LLC  (25-CA-082690, JD-25-13) Peoria, IL.  Charge filed by Teamsters, Local 371.  Administrative Law Judge Michael A. Rosas issued his decision on April 8, 2013.

Phillips 66 (Sweeny Refinery)  (16-CA-087373, et al., JD(NY)-15-13) Old Ocean, TX.  Charges filed by International Union of Operating Engineers, Local 564.  Administrative Law Judge Joel P. Biblowitz issued his decision on April 9, 2013.

Lee Decorating Corp.  (29-CA-084956, JD(NY)-16-13) Plainview and Hicksville, NY.  Charge filed by an individual.  Administrative Law Judge Steven Fish issued his decision on April 9, 2013.

St. George Theatre Restoration, Inc.  (29-CA-088688, JD(NY)‑18‑13) Staten Island, NY.  Charge filed by Theatrical Stage Employee Union, Local One, International Alliance of Theatrical Stage Employees.  Administrative Law Judge Kenneth W. Chu issued his decision on April 9, 2013.

GLYPHS Garden Inc. d/b/a Saigon Grill  (02-CA-040429, et al., JD(NY)‑19‑13) New York, NY.  Charges filed by Local 318, Restaurant Workers Union.  Administrative Law Judge Steven Davis issued his decision on April 12, 2013.

Prime Healthcare Centinela, LLC d/b/a Centinela Hospital Medical Center  (31‑CA‑030055, et al., JD(SF)-17-13) Inglewood, CA.  Charges filed by SEIU-United Healthcare Workers –West.  Administrative Law Judge Gerald M. Etchingham issued his decision on April 12, 2013.

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