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Summary of NLRB Decisions for Week of December 23-27 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

Pittsburgh Athletic Association  (06-CA-105460; 360 NLRB No. 18)  Pittsburgh, PA, December 24, 2013. 

The Board granted the General Counsel’s motion for default judgment in the absence of an answer to the consolidated complaint, and granted his motion to correct the motion for default judgment.

The Board found that the Respondent violated Section 8(a)(5) and (1) of the Act by failing to continue in effect all terms and conditions of its collective-bargaining agreement with the charging party Union by failing to remit to the Union dues and fees deducted from the unit employees’ wages, and by unreasonably delaying in furnishing the Union with information it requested.  The Board ordered the Respondent to remit to the Union all withheld dues and fees that were deducted from the unit employees’ wages, with interest. 

Charges filed by UNITE HERE Local 57.  Chairman Pearce and Members Johnson and Schiffer participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Keyport Auto Body Shop, Inc.  (22-RC-099498)  South Amboy, NJ, December 23, 2013.  The Employer withdrew its exceptions to the Acting Regional Director’s Report overruling its objections to an election held April 19, 2013.  Accordingly, in the absence of exceptions, the Board adopted the Acting Regional Director’s findings and recommendations, and certified the International Brotherhood of Teamsters, Local 966, as the exclusive collective-bargaining representative of the unit employees.  Petitioner—International Brotherhood of Teamsters, Local 966.

Freeman  (15-RC-103693)  New Orleans, LA, December 24, 2013.  The Board, by a three-member panel, adopted the Hearing Officer’s overruling of objections to an election held June 5, 2013, and certified the International Alliance of Theatrical Stage Employees, Local 39 as the exclusive collective-bargaining representative of the unit employees.  In the circumstances of this case, the Board found it unnecessary to rely on the Hearing Officer’s findings that the employer waived its objections by not raising them at the pre-election conference.  On December 24, 2013, the Board issued a Decision and Certification of Representative in which the date of issuance was inadvertently omitted from the decision, and the Board issued a Corrected Order on December 26, 2013 to show the date of December 24, 2013 as the issuance date.  Petitioner—International Alliance of Theatrical Stage Employees, Local 39.  Intervenor—Carpenters Local Union No. 1846.  Chairman Pearce and Members Johnson and Schiffer participated.

Providence Health System Southern California, d/b/a Providence Little Company of Mary Medical Center  (31-RC-110228)  Torrance, CA, December 27, 2013. No exceptions having been filed, the Board adopted the hearing officer’s findings and recommendations to overrule the Employer’s objections to an election held September 10 and 11, 2013, and certified Petitioner California Nurses Association/National Nurses United (CNA/NNU) as the exclusive collective-bargaining representative of the unit employees.  Petitioner—California Nurses Association/National Nurses United (CAN/NNU).

Bio-Medical Applications of New Jersey, Inc. d/b/a Bio-Medical Applications of Jersey City, Inc.  (22-RD-114233)  Jersey City, NJ, December 27, 2013.  No exceptions having been filed, the Board adopted the Regional Director’s findings and recommendations that a hearing be held regarding the Employer’s Objections 1 through 4, and that the Employer’s other objections be overruled as untimely filed.  The Board remanded the case to the Regional Director for Region 22 for further appropriate action consistent with his decision.  Petitioner—an Individual.

WinCo Foods, LLC  (27-RC-109711)  Boise, ID, December 27, 2013.  No exceptions having been filed, the Board adopted the Hearing Officer’s findings and recommendations that petitioner’s Objection 1 be overruled in its entirety, and that the challenges to the ballots of DC Assistant Supervisors Patrick Douglass, Rodney Ricks, and Jason Munden, and Assistant Shift Supervisor/Lead Inventory Control Scott Renberg be sustained.  The Board also adopted the Hearing Officer’s recommendation overruling the challenges to ballots of Security Gate Guards David Sweet, Joyce Higman, Jeffrey Howard, and Alejandro Chavez, and HR Assistant Cheryl Berg and Receptionist Catherine Dubish.  Accordingly, the Board directed the Regional Director for Region 27 to open and count the ballots of these six employees, prepare and serve on the parties a revised tally of ballots, and issue the appropriate certification.  Petitioner—International Brotherhood of Teamsters Local 483. 

C Cases

Lockheed Martin  (15-CA-018892)  New Orleans, LA, December 23, 2013.  Order denying the petition filed by Lockheed Martin to revoke subpoena duces tecum.  The Board found that the subpoena sought information relevant to the matter under investigation and described with sufficient particularity the evidence sought.  Further, the Board held that the employer failed to establish any other legal basis for revoking the subpoena.  Charge filed by an individual.  Chairman Pearce and Members Johnson and Schiffer participated.

Nasaky, Inc. d/b/a Yuba Skilled Nursing Center  (20-CA-068854)  Yuba City, CA, December 23, 2013.  Order denying the petitions filed by Nasaky, Inc. and Paksn, Inc. to revoke subpoenas duces tecum.  The Board found that the subpoenas sought information relevant to the matter under investigation and described with sufficient particularity the evidence sought.  Further, the Board held that the petitioners failed to establish any other legal basis for revoking the subpoenas.  Charge filed by Service Employees International Union (SEIU), United Healthcare Workers-West.  Chairman Pearce and Members Johnson and Schiffer participated.

Nasaky, Inc. d/b/a Yuba Skilled Nursing Center  (20-CA-068854)  Yuba City, CA, December 23, 2013.  Order denying the petitions filed by Nasaky, Inc. and Paksn, Inc. to revoke subpoenas duces tecum and subpoenas ad testificandum.  The Board found that the subpoenas sought information relevant to the matter under investigation and described with sufficient particularity the evidence sought.  Further, the Board held that the petitioners failed to establish any other legal basis for revoking the subpoenas.  Charge filed by Service Employees International Union (SEIU), United Healthcare Workers-West.  Chairman Pearce and Members Johnson and Schiffer participated.

Brinks Puerto Rico, Inc. and Caribbean Temporary Services, LLC, Joint Employers (24-CA-107395)  San Juan, PR, December 24, 2013.  Order denying the petition filed by Brinks Puerto Rico to revoke subpoena duces tecum.  The Board found that the subpoena sought information relevant to the matter under investigation and described with sufficient particularity the evidence sought.  Further, the Board held that the employer failed to establish any other legal basis for revoking the subpoena.  Charges filed by Sindicato de Guardias de Seguridad y Camiones Blindados de Puerto Rico.  Chairman Pearce and Members Johnson and Schiffer participated.

Clark County Education Association  (28-CA-099520)  Las Vegas, NV, December 26, 2013.  No exceptions having been filed, the Board adopted the findings and conclusions of the Administrative Law Judge that the Respondent had not engaged in unfair labor practices, and dismissed the complaint.  Charge filed by Clark County Staff Organization, affiliated with National Staff Organization.

Caterpillar Logistics, Inc.  (09-CA-110247)  Clayton, OH, December 26, 2013.  The Board denied the Employer’s petition to revoke an investigatory subpoena duces tecum, on the grounds 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.  Charge filed by International Union, United Automobile Aerospace and Agricultural Implement Workers of America, AFL-CIO.  Charge filed by International Union, United Automobile Aerospace and Agricultural Implement Workers of America, AFL-CIO.  Chairman Pearce and Members Johnson and Schiffer participated. 

IAM District Lodge 851 (Caterpillar)  (13-CB-101376)  Rockdale, IL, December 27, 2013.  No exceptions having been filed, the Board adopted the findings and conclusions of the Administrative Law Judge that the Respondent had not engaged in unfair labor practices, and dismissed the complaint.  Charge filed by an Individual.

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Appellate Court Decisions

No Appellate Court Decisions to report

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Administrative Law Judge Decisions

Midwest Division-MMC, LLC d/b/a Menorah Medical Center  (17-CA-088213; JD-91-13)  Overton Park, KS.  Administrative Law Judge Christine E. Dibble issued her decision on December 23, 2013.  Charges filed by National Nurses Organizing Committee – Kansas/National Nurses United, affiliated with National Nurses Organizing Committee/National Nurses United.

Pessoa Construction Company  (05-CA-034547; JD-92-13)  Fairmont Heights, MD.  Administrative Law Judge Geoffrey Carter issued his supplemental decision in this compliance proceeding on December 24, 2013.  Charges filed by Laborers’ International Union of North America.

Dover Energy, Inc., Blackmer Division  (07-CA-094695; JD(ATL)-33-13)  Grand Rapids, MI.  Administrative Law Judge Keltner W. Locke issued his decision on December 24, 2013.  Charge filed by an Individual.

Saint Mary’s Hospital for Children  (29-CA-093232; JD-93-13)  Bayside, NY.  Administrative Law Judge Susan Flynn issued her decision on December 26, 2013.  Charge filed by 1199 SEIU United Healthcare Workers East.

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