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Summary of NLRB Decisions for Week of April 9-13, 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 Decision

Dish Network Corporation (16-CA-027316; 358 NLRB No. 29) North Richland Hills and Farmers Branch, TX, April 11, 2012.

The Board affirmed the administrative law judge’s decision that the employer, Dish Network Corporation, did not violate Section 8(a)(1) by informing its employees, in writing, that “[i]f a workplace is Union, you have to go to your Steward with your complaints, and he decides whether to bring them to the Company’s attention, not you. He controls your fate, not you,” and did not violate Section 8(a)(3) when it discharged an employee for allegedly striking another employee’s face.  The judge correctly relied on Tri-Cast, which holds that such statements are not threats to withdraw 9(a) rights.  Rather, an employer may inform its employees that unionization will bring about “a change in the manner in which employer and employee deal with each other.”  Member Block wrote a concurrence stating that the Board should re-examine the Tri-Cast doctrine in a future case.  

Charge filed by Communication Workers of America, Local 6171.  Administrative Law Judge George Carson II issued his decision on August 11, 2011.  Members Hayes, Flynn, and Block participated. 

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Relco Locomotive, Inc. (18-CA-019175, et al.; 358 NLRB No. 32) Albia, IA, April 12, 2012.

The Board adopted the administrative law judge’s finding that the respondent violated Section 8(a)(3) by discharging two employees, and Section 8(a)(1) by discharging two additional employees, in retaliation for protected activity; and that the respondent violated Section 8(a)(1) by maintaining and coercing employees to sign an original and revised version of an overbroad nondisclosure agreement.  Member Hayes found the nondisclosure agreement unlawful only because it limited employee discussion of wage and benefit information.  The Board rejected the Acting General Counsel’s exception that the respondent’s exceptions and brief fail to comply with Board Rule 102.46(b).

Charges filed by the Brotherhood of Railroad Signalmen.  Administrative Law Judge William L. Schmidt issued his decision on March 28, 2011.  Members Hayes, Griffin, and Block participated.

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Connecticut Humane Society (34-CA-012557, 34-RC-002351; 358 NLRB No. 31) Newington, CT, April 12, 2012.

The Board adopted the administrative law judge’s finding that the respondent violated Section 8(a)(3) by discharging two employees, and Section 8(a)(1) by creating the impression that their union activities were under surveillance; instructing them not to participate in and to report union activities; threatening them with discharge or other discipline; and telling them they were being terminated for union activity.  The Board also adopted the judge’s dismissal of the respondent’s objections to the election result and certified the union.   In making these findings, the Board adopted the judge’s central findings that neither of the discharged employees was a manager or a supervisor, and that both were employees protected by the Act.  The Board also adopted the judge’s finding that neither of the employees, after discharge, disqualified themselves from reinstatement by making disparaging public comments about the respondent’s management, based on the respondent’s failure to show, per Hawaii Tribune-Herald, 356 NLRB No. 63, slip op. at 2 (2011), that the employees’ post-discharge conduct made either “unfit for further service.” 

Charges filed by International Association of Machinists & Aerospace Workers, AFL-CIO, District Lodge 26.  Administrative Law Judge Steven Fish issued his decision on June 8, 2011. Members Hayes, Griffin, and Block participated.

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GGNSC Springfield, LLC d/b/a Golden Living Center-Springfield (26-CA-072684; 358 NLRB No. 27) Springfield, TN, April 9, 2012.

This is a refusal-to-bargain case in which the respondent was contesting the union’s certification as bargaining representative.  The Board ordered the respondent to cease and desist from failing and refusing to recognize and bargain with the union as the exclusive collective-bargaining representative of the employees in the bargaining unit; and interfering with, restraining, or coercing employees in the exercise of the rights guaranteed them by Section 7 of the Act.

Charge filed by International Association of Machinists and Aerospace Workers, AFL-CIO.  Chairman Pearce and Members Hayes and Griffin participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Case

P. & W. Cleaners, Inc. d/b/a Saveway Cleaners (02-RC-023603) White Plains, NY.  Decision and certification of results of election.  Petitioner – IBEW, Local 1430.

Channel Islands Warehouse, Inc. (31-RC-008888) Oxnard, CA, April 10, 2012.  Decision and certification of results of election.  Petitioner – Teamsters, Local 186, International Brotherhood of Teamsters.

ADT Security Services, Inc. (12-RC-071890) Miramar, FL, April 10, 2012.  Order granting the employer’s  request for review of the Acting Regional Director’s decision and direction of election and remanding case to the Acting Regional Director for further appropriate action.  Member Griffin dissented: would find the petitioned-for unit appropriate and would deny review. Petitioner – International Brotherhood of Electrical Workers, Local 349, AFL-CIO. Chairman Pearce and Members Griffin and Flynn participated.

C Cases

Weyerhaeuser Company (19-CA-033069, et al.) Longview, WA, April 9, 2012.  Order denying respondent’s motion to dismiss a portion of the complaint, or alternatively, remanding the proceeding to the administrative law judge to supplement the record.  Charges filed by Association of Western Pulp and Paper Workers.  Chairman Pearce and Members Flynn and Block participated.

CCA Civil Halmar International, Inc. (02-CA-040207) New York, NY, April 9, 2012.  Order granting joint motion to remand case to the Regional Director for settlement and for further appropriate action.  Charge filed by Building Material Teamsters, Local 282.

Calhoun Food, LLC d/b/a Key Food (29-CA-030861, et al.) South Ozone, NY, April 9, 2012.  Order denying special permission to appeal.  Charges filed by Local 338, Retail Wholesale Department Store Union, United Food and Commercial Workers.  Chairman Pearce and Members Flynn and Block participated. 

Hearthside Food Solutions, LLC (09-CA-046342, et al.) London, KY, April 10, 2012.  Order dismissing complaint and certification of results of election.  Charges filed by Bakery, Confectionary, Tobacco Workers and Grain Millers International Union, Local 280, AFL-CIO, CLC.

Titus Electrical Contracting, Inc. (16-CA-021010, et al.) Austin, TX, April 12, 2012.  Order granting the General Counsel’s motion to remand cases to the Regional Director for approval of a settlement agreement.  Charges filed by IBEW, Local 520.

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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

 

Babcock & Wilcox Construction Co., Inc. (28-CA-022625; JD(SF)-15-12) Joseph City, AZ.  Charge filed by an individual.  Administrative Law Judge Jay R. Pollack issued his decision on April 9, 2012.

Atelier Condominium and Cooper Square Realty, as joint employers (2-CA-039459, et al.; JD(NY)-09-12) New York, NY.  Charges filed by individuals.  Administrative Law Judge Mindy E. Landow issued her decision on April 10, 2012.

First Student (21-CA-039805; JD(SF)-16-12) Riverside, CA.  Charge filed by United Transportation Union, Local 1496, AFL-CIO.  Administrative Law Judge William G. Kocol issued his decision on April 11, 2012.

Enterprise Leasing Company of Florida, LLC d/b/a Alamo Rent-A-Car (12-CA-026588, et al.; JD(ATL)-08-12) Miami, FL.  Charges filed by Teamsters, Local 769, affiliated with International Brotherhood of Teamsters.  Administrative Law Judge Michael A. Marcionese issued his decision on April 11, 2012.

USC University Hospital (21-CA-039656, et al.; JD(SF)-17-12) Los Angeles, CA.  Charges filed by National Union of Healthcare Workers.  Administrative Law Judge Gregory Z. Meyerson issued his decision on April 11, 2012.

WHDH-TV (01-CA-046744; JD(NY)-10-12) Boston, MA.  Charge filed by American Federation of Television and Radio Artists, Boston Local.  Administrative Law Judge Raymond P. Green issued his decision on April 11, 2012.

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