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Summary of NLRB Decisions for Week of August 20-24, 2012

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

Lancaster Symphony Orchestra (04-CA-082327; 358 NLRB No. 104) Lancaster, PA, August 21, 2012.

In this refusal-to-bargain case, the respondent contested the Board’s determination in the underlying representation case that its musicians were statutory employees and not independent contractors.  Finding that the respondent raised no new arguments that were not already litigated in the representation proceeding, an unanimous panel of Board members granted summary judgment, and found that the respondent violated the Act by refusing to bargain with the union as the exclusive representative of the musicians.

Charge filed by Greater Lancaster Federation of Musicians (The), Local 294, AFM, AFL-CIO.  Chairman Pearce and Members Hayes and Griffin participated.

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Liberty-Pittsburgh Systems, Inc. (06-CA-074733; 358 NLRB No. 105) Pittsburgh, PA, August 22, 2012.

The Acting General Counsel sought a default judgment in this case on the ground that the respondent failed to file an answer to the complaint.  The Board found that the respondent violated the Act by (1) failing and refusing to bargain collectively and in good faith with the union as the exclusive collective-bargaining representative of the employees in the appropriate unit as described in the parties’ collective-bargaining agreement about the effects of its decision to cease operations at the respondent’s Pittsburgh, PA facility; (2) unilaterally ceasing to provide health insurance benefits for the employees in the unit; (3) failing and refusing to bargain collectively and in good faith with the union for a successor collective-bargaining agreement by cancelling meetings scheduled with the union; limiting the meeting times to 1 hour; refusing to discuss substantive issues during the meetings; and fusing to respond to the union’s questions concerning plant closing; and (4) failing to respond to grievances filed by the union.

Charge filed by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO-CLC, Local 14034-34.  Chairman Pearce and Members Hayes and Block participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Kirkstall Road Enterprises, Inc. / Quay Street Enterprises, Inc. (02-RC-023547) New York, NY, August 20, 2012.  Order revoking an inadvertently issued unpublished decision and certification of representative.  Petitioner – Writers Guild of America, East.

NextEra Energy Operating Services (33-UC-000181) Shabbona, IL, August 21, 2012.  Order denying the employer-petitioner’s request for review of the Regional Director’s decision and order dismissing petition.  Petitioner – International Union of Operating Engineers, Local 150, AFL-CIO.  Chairman Pearce and Members Hayes and Block participated.

Bodega Latina, Inc. d/b/a El Super (32-RC-072816) Salinas, CA, August 21, 2012.  Decision and order remanding the proceeding to the Regional Director for further appropriate action.  Petitioner – United Food and Commercial Workers, Local 5, United Food and Commercial Workers International Union, CTW.

Puna Geothermal Venture (20-RC-078220) Pahoa, HI, August 22, 2012. Decision and order in the Board adopting the Regional Director’s findings and recommendations in light of exceptions and brief and overruling objections 11, 12, 12, 14, 15, and 16.  Petitioner – International Brotherhood of Electrical Workers, Local 1260.  Chairman Pearce and Members Hayes and Block participated.

Sub Acute Rehabilitation Center at Kearney, LLC d/b/a Belgrove Post-Acute Care Center (22‑RC‑080916) Kearny, NJ, August 24, 2012.  Order denying employer’s request for review of the Regional Director’s decision and direction of election.  Petitioner – District 1199J, National Union of Hospital and Health Care Employees, AFSCME, AFL-CIO.  Chairman Pearce and Members Hayes and Block participated.

Encore Oils, LLC (19-RC-081061) Seattle, WA, August 24, 2012.  Decision and certification of results of election.  Petitioner – Teamsters, Local 174 affiliated with the International Brotherhood of Teamsters.

C Cases

Professional Medical Transport, Inc. (28-CA-023399, et al.) Tempe, AZ, August 21, 2012.  Order adopting the findings and conclusions of the administrative law judge’s decision and recommendation.  Charges filed by Independent Certified Emergency Professionals of Arizona, Local 1. 

AK Steel Corporation (06-CA-062501) Butler, PA, August 21, 2012.  Order adopting the findings and conclusions of the administrative law judge’s decision and recommended action.  Charge filed by United Auto Workers, Local 3303 a/w United Automobile, Aerospace, Agricultural and Implement Workers of America.

Marquez Brothers Enterprises, Inc. (21-CA-078519) City of Industry, CA, August 22, 2012.  Order denying the employer’s petitions to revoke subpoenas ad testificandum.  Charge filed by Teamsters, Local 830.  Chairman Pearce and Members Hayes and Block participated.

Atlantic Veal & Lamb, Inc. (29-CA-024484, et al,) New York, NY, August 23, 2012.  Order denying motion for reconsideration.  Charges filed by Knitgoods Workers’ Union, Local 155, Union of Needletrades, Industrial & Textile Employees, AFL-CIO.  Chairman Pearce and Members Hayes and Griffin participated.

Smith’s Food & Drug Centers, Inc. d/b/a Fry’s Food Stores (28-CA-022836-E, et al.) San Francisco, CA, August 23, 2012.  Order whereby the respondent union, United Food and Commercial Workers, Local 99, filed with the NLRB an application for attorney’s fees and brief in support under the Equal Access to Justice Act based on the unfair labor practice proceeding held before an administrative law judge and referring the matter to the administrative law judge for appropriate action.  Charges filed by individuals.

Marquez Brothers Enterprises, Inc. (21-CA-078519) City of Industry, CA, August 23, 2012.  Order denying the employer’s petitions to revoke subpoenas ad testificandum. Charge filed by Teamsters, Local 630.  Chairman Pearce and Members Hayes and Block participated.

New Vista Nursing and Rehabilitation, LLC (22-CA-029845) Newark, NJ, August 23, 2012.  Order denying respondent’s motion for reconsideration.  Charge filed by 1199 SEIU United Healthcare Workers East, NJ Region.  Members Hayes, Griffin, and Block participated.

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Appellate Court Decision

Dana Companies, LLC, Board Case No. 7-CA-49965 (reported at 356 NLRB 49) (6th Cir. decided August 23, 2012, under the name Montague v. NLRB)

In an unpublished decision, the Court upheld the Board’s ruling that an employer and union did not violate federal labor law by entering into an agreement establishing principles for bargaining if employees selected union representation. The case involved an agreement signed by the United Auto Workers union and the employer, an auto parts manufacturer, setting ground rules for union organizing at a plant in St. Johns, Michigan, and establishing a framework for negotiations if a majority of workers chose the union. After the agreement was signed, several workers filed charges with the NLRB alleging that the agreement constituted an unlawful recognition of the union.  Ultimately, the union did not win majority support and the plant closed, but the case continued.  While acknowledging “thoughtful majority and dissenting opinions” in the 2-to-1 Board decision, the Court deferred to the Board’s conclusion that the agreement did not unlawfully recognize the union and “did no more than create a framework for future collective bargaining.”  It further found that “the Board was within its discretion to allow some substantive terms to be determined between the employer and union prior to recognition, as long as that agreement did not ultimately impact employees’ choice regarding union representation.”  The Court found that the Board had properly distinguished the agreement in this case from one that was held to be unlawful in Majestic Weaving, 147 NLRB 859 (1964).

The Board’s decision is available here.

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Decision of Administrative Law Judges

International Union of Operating Engineers, Local 627 (17-CB-072671; JD(SF)-40-12) Tulsa, OK.  Charge filed by an individual.  Administrative Law Judge Eleanor Laws issued her decision on August 21, 2012.

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