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Summary of NLRB Decisions for Week of December 16-20 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

Berkebile Bros., Inc. and/or RCC Construction LLC, single employer, etc.  (06-CA-071326; 360 NLRB No. 16)  Johnstown, PA, December 17, 2013.

The Board denied the General Counsel’s Motion for Default Judgment in this case, finding that although the Respondent did not file an answer to the reissued complaint it had filed an answer to the original complaint. That answer denied allegations that were substantially the same as the unfair labor practice allegations contained in the reissued complaint.  Therefore the Board found that the Respondent’s answer to the original complaint serves as an answer to the reissued complaint absent evidence that it was withdrawn pursuant to a non-Board settlement agreement.

Charge filed by Greater Pittsburgh Regional Council of Carpenters a/w United Brotherhood of Carpenters and Joiners of America.  Members Hirozawa, Johnson and Schiffer participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Suiza Dairy Corp.  (Case 24-RC-090254)  San Juan, PR, December 16, 2013.  The Board adopted the Regional Director’s findings and recommendations sustaining the Incumbent Union’s Objection 6 and remanded the case to the Regional Director for further appropriate action.  The Board set aside the election on the grounds that the Employer failed to timely provide the Incumbent Union with the Excelsior list, and the fact that neither union had the list for the minimum 10-day period prior to the election.  Petitioner—Central General de Trabajadores.  Incumbent Union—Union Insular de Trabajadores Industriales Y Construcciones Electricas (UITICE).  Chairman Pearce and Members Johnson and Schiffer participated.

Chicago Public Media, Inc.  (13-RC-115079)  Chicago, IL, December 17, 2013. A panel majority of the Board denied the Employer’s request for review of the Regional Director’s Decision and Direction of Election.  Member Johnson would have granted the request for review.  Petitioner—Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA).  Chairman Pearce and Members Johnson and Schiffer participated.

Aaron Medical Transportation, Inc.  (22-RC-070888)  Hasbrouck Heights, NJ, December 18, 2013.  The Board adopted the administrative law judge’s recommendation to overrule the employer’s objection to an election held March 22, 2013, and certified Hudson County Union Local One Amalgamated as the exclusive collective-bargaining representative of the unit employees.  The employer alleged that the polling hours, established by stipulation of the parties, denied employees an adequate opportunity to vote.  The Board explained that it will not invalidate an election based on stipulated election conditions unless those conditions prevent employees from voting.  The Board adopted the judge’s finding that, while some employees may have found it inconvenient or difficult to appear at the polling place during the stipulated hours because of personal circumstances, none was prevented from voting.  Petitioner—Hudson County Union Local One Amalgamated. Chairman Pearce and Members Johnson and Schiffer participated.

Challenge Unlimited, Inc.  (14-RC-116294)  Alton, IL, December 19, 2013.  The Board denied the Employer’s Request for Review of the Regional Director’s Decision and Direction of Election.  The Regional Director found that the unit petitioned was appropriately limited to skill trainers at a single facility.  Petitioner – Teamsters, Automotive, Petroleum, and Allied Trades, Local Union 50.  Chairman Pearce and Members Johnson and Schiffer participated.

C Cases

Cargill, Incorporated   (7-CA-088608)  Hutchinson, KS, December 9, 2013.  The Board denied the Respondent Employer’s Motion for Summary Judgment, without prejudice to the Respondent’s right to renew its deferral arguments to the administrative law judge and to raise the deferral issue before the Board in any exceptions that may be filed to the judge’s decision. Charge filed by International Chemical Workers Union Council/UFCW Local 188C, a/w United Food and Commercial Workers Union, AFL-CIO.  Members Hirozawa, Johnson, and Schiffer participated.

International Brotherhood of Teamsters, Local No. 251, AFL-CIO (First Student, Inc.)  (01-CB-102347)  Richmond, RI, December 19, 2013.  The Board denied the Respondent’s motion for partial summary judgment.  The Respondent had argued, in response to allegations that its membership form does not inform potential Beck objectors of the percentage by which dues and fees are reduced for objectors, that under current Board law, unions are not required to provide this information to potential objectors, and therefore it is entitled to summary judgment on this issue.  The Board found, however, that the Respondent failed to establish that there are no genuine issues of material fact warranting a hearing.  Accordingly, it denied the motion, but without prejudice to the Respondent’s right to renew its argument before the administrative law judge.   Charges filed by Individuals.  Chairman Pearce and Members Johnson and Schiffer participated.

All American School Bus Corp.  (29-CA-100827)  Long Island City, NY, December 20, 2013.  In the absence of exceptions, the Board adopted the Administrative Law Judge’s findings that four Respondents in this consolidated proceeding had engaged in certain unfair labor practices, and ordered them to take the action set forth in the Judge’s recommended Order.  These four Respondents previously had withdrawn their exceptions to the Judge’s decision, and the Board had severed the eight cases involving the four Respondents from the remainder of the cases involved in this proceeding.  Charges filed by Local 1181-1061, Amalgamated Transit Union, AFL-CIO.

AJ Services Joint Venture I, L.L.P.  (10-CA-109635)  Ft. Bragg, NC, December 20, 2013.  The Board denied the Employer’s petition to revoke an investigatory subpoena duces tecum, on the ground that the subpoena seeks information relevant to the matters under investigation and describes with sufficient particularity the evidence sought.  In addition, the Board found that the Employer had failed to establish any other legal basis for revoking the subpoena.  Chairman Pearce and Members Johnson and Schiffer participated.

The Neiman Marcus Group, Inc.  (31-CA-074295)  Beverly Hills, CA, December 20, 2013.  The Board denied the Respondent’s Motion to Dismiss the Complaint, finding that the Respondent had failed to establish that it is entitled to judgment as a matter of law.  Members Hirozawa, Johnson, and Schiffer participated.

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Appellate Court Decisions

No Appellate Court Decisions to report

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Administrative Law Judge Decisions

E. I. Dupont DeNemours & Company  (05-CA-090984; JD-90-13)  Richmond, VA.  Administrative Law Judge Michael A. Rosas issued his decision on December 16, 2013.  Charges filed by Ampthill Rayon Workers, Inc., Local 992, International Brotherhood of Dupont Workers; Freon Craftsman Union, Local 788, International Brotherhood of Dupont Workers; and International Brotherhood of Dupont Workers (IBDW), Local 593, Old Hickory Employees Council.

Law-Den Nursing Home, Inc.  (07-CA-108905; JD(NY)-55-13)  Detroit, MI.  Administrative Law Judge Joel P. Biblowitz issued his decision on December 19, 2013.  Charge filed by SEIU Healthcare Michigan.

Covenant Care California, LLC and Covenant Care La Jolla, LLC  (21-CA-090894; JD(SF)-59-13)  San Francisco, CA.  Administrative Law Judge Gerald A. Wacknov issued his decision on December 20, 2013.  Charge filed by an Individual.

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