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Summary of NLRB Decisions for Week of August 26-30, 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

No Published Board Decisions Issued

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

MasTec North America, Inc. d/b/a MasTec Advanced Technologies (03-RD-105232) Hamburg, NY, August 27, 2013.  Order denying International Association of Machinists & Aerospace Workers, AFL-CIO, DL 15’s request for review of the Regional Director’s decision and direction of election, as it raises no substantial issues warranting review.  Petitioner – An individual.  Chairman Pearce and Members Miscimarra and Hirozawa participated.

Riverstone Group, Inc. (25-RD-105145) Cleveland, IL, August 27, 2013.  Order denying International Union of Operating Engineers, Local No. 150’s request for review of the Regional Director’s decision and direction of election.  Petitioner – An individual.  Chairman Pearce and Members Miscimarra and Hirozawa participated.

Klochko Equipment Rental Company, Inc. (07-RC-104929) Saginaw, MI, August 27, 2013.  Order denying Klochko Equipment Rental Company, Inc.’s request for review of the Regional Director’s decision and direction of election.  Petitioner – Local 324, International Union of Operating Engineers, AFL-CIO.  Chairman Pearce and Members Miscimarra and Hirozawa participated.

Intercos America, Inc. (02-RC-102622) Congers and West Nyack, NY, August 29, 2013.  No exceptions having been filed to the Regional Director’s overruling of objections to an election, the Board adopted the Regional Director’s findings and recommendations.  Accordingly, the Board certified that a majority of the valid ballots were not cast for Amalgamated Local 298 International Union of Allied Novelty & Production Workers, AFL-CIO, and therefore it is not the exclusive collective-bargaining representative of the unit employees.  Petitioner - Amalgamated Local 298 International Union of Allied Novelty & Production Workers, AFL-CIO.

Pan-O-Gold Baking Company (13-RC-103125) Griffith, IN, August 29, 2013.  No exceptions having been filed to the hearing officer’s report recommending that the challenge to a ballot in an election be overruled, the Board directed the Regional Director to open and count the challenged ballot, prepare a revised tally of ballots, and issue the appropriate certification.  Petitioner – International Brotherhood of Teamsters Local Union 142.

C Cases

Greenville Federal Financial Corporation d/b/a Greenville Federal (09-CA-075284) Greenville, OH, August 27, 2013.  Order transferring proceedings to the Board and notice and show cause why the Acting General Counsel’s motion for default judgment should not be granted.

UC Health (09-CA-110508) Cincinnati, OH, August 27, 2013.  Order transferring proceeding to the Board and notice to show cause why the Acting General Counsel’s motion for summary judgment should not be granted.

ABB, Inc. (14-CA-099392) Jefferson City, MO, August 28, 2013.  Order denying the Respondent’s motion for summary judgment on the grounds that the Respondent has failed to establish that there are no material issues of fact and that it is entitled to judgment as a matter of law.  Charge filed by Local 2379, United Automobile, Aerospace and Agricultural Implement Workers of America.  Chairman Pearce and Members Miscimarra and Hirozawa participated.

BHP Copper Inc. (28-CA-094380) Miami, AZ.  No exceptions having been filed to the Administrative Law Judge’s finding that the Respondent had not engaged in any unfair labor practices, the Board adopted the Administrative Law Judge’s dismissal of the Complaint.  Charge filed by an individual.

Heartland-Hampton of Bay City Michigan, LLC d/b/a Heartland Health Care Center-Hampton  (07-CA-091956) Bay City, MI, August 29, 2013.  No exceptions having been filed to the Administrative Law Judge’s findings that the Respondent has engaged in certain unfair labor practices, the Board adopted the findings and conclusions of the Administrative Law Judge and ordered Respondent to take the action set forth in the recommended Order of the Administrative Law Judge.  Charge filed by District 2, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (USW), AFL-CIO.

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 Appellate Court Decisions

 All Seasons Climate Control, Inc., Board Case No. 08-CA-037931 (reported at 357 NLRB No. 70) (6th Cir. decided August 28, 2013)

 In an unpublished opinion, the Court enforced the Board’s order finding that All Seasons Climate Control Inc. unlawfully solicited and encouraged an employee to circulate a decertification petition, withdrew recognition and refused to bargain with the union on the basis of the tainted petition, and refused to provide the union with requested relevant information.  The Court enforced the Board’s remedial order in full, including a special remedy requiring the employer to bargain 15 hours per week with the union and submit monthly progress reports to the Board’s Regional Office.  The Court refused to reach the employer’s challenge to the Board’s special remedy, finding that Section 10(e) precluded the Court from reaching an objection not raised to the Board.

The Court held that the credited testimony from the employee who was solicited by the employer constituted substantial evidence supporting the Board’s conclusion that the employer unlawfully solicited the decertification petition that it relied on to subsequently withdraw recognition.

While recognizing that the validity of an affirmative bargaining order with a specific minimum weekly hour requirement would be an issue of first impression for the Court, it nonetheless refused to reach the issue because the employer failed to preserve an objection to the bargaining requirement before the Board.  The Court rejected the employer’s claim that its exception to the “ALJ’s remedies” with page and line references to two pages was insufficiently precise, noting that those pages encompassed more than the remedy requiring the minimum weekly bargaining requirement.  The Court stated that “a simple, broad reference to the entire order was not sufficiently specific to preserve the particular challenge All Seasons seeks to make.”

The Court’s opinion is available here.

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Administrative Law Judge Decisions

E.I. DuPont de Nemours & Co., Inc. (03-CA-090637; JD(NY)-42-13) Tonawanda, NY.  Administrative Law Judge Steven Davis issued his decision on August 26, 2013.  Charge filed by United Steelworkers, Local 6992.

Livin’ Spoonful, Inc. (19-CA-084278; JD(SF)-40-13) Portland, OR.  Administrative Law Judge Eleanor Laws issued her decision on August 26, 2013.  Charge filed by Portland Industrial Workers of the World General Membership Branch.

Crisdel Group, Inc. (22-CA-077469; JD(NY)-41-13) South Plainfield, NJ.  Administrative Law Judge Lauren Esposito issued her decision on August 26, 2013.  Charge filed by an individual.

American Axle and Manufacturing, Inc. (07-CA-084340; JD(ATL)-22-13) Detroit, MI.  Administrative Law Judge Robert A. Ringler issued his decision on August 27, 2013.  Charge filed by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (USA), AFL-CIO.

International Longshore & Warehouse Union, International Longshore & Warehouse Union, Local 8 and International Longshore and Warehouse Union, Local 40 (ICTSI, Inc.) (19-CC-082533; JD(SF)-36-13) Portland, OR.  Administrative Law Judge William L. Schmidt issued his decision on August 28, 2013.  Charges filed by ICTSI, Inc. and Port of Portland.

Gamestop Corp., Gamestop Inc., Sunrise Publications, Inc., and Gamestop Texas LTD. (L.P.) (20-CA-080497; JD(SF)-42-13) Sacramento, CA.  Administrative Law Judge Gerald M. Etchingham issued his decision on August 29, 2013.  Charge filed by an individual.

United States Postal Service (28-CA-096422; JD(NY)-43-13) Albuquerque, NM.  Administrative Law Judge Joel P. Biblowitz issued his decision on August 29, 2013.  Charge filed by an individual.

BCI Coca-Cola Bottling Company of Los Angeles (28-CA-022792; JD(SF)-43-13) Los Angeles, CA.  Administrative Law Judge William G. Kocal issued his supplemental decision on August 29, 2013.  Charge filed by an individual.

International Union of Operating Engineers, Local Union No. 12 (Short Load Concrete, Inc.) (21-CC-072834;089199; JD(SF)-38-13) Anaheim, CA.  Administrative Law Judge John J. McCarrick issued his decision on August 29, 2013.  Charges filed by Short Load Concrete, Inc.

Interbake Foods, LLC (05-CA-033158, et al.; JD-53-13) Front Royal, VA.  Administrative Law Judge Paul Buxbaum issued his decision on August 30, 2013.  Charges filed by Bakery, Confectionary, Tobacco Workers and Grain Millers International Union (BCTGM), Local 68.

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