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Summary of NLRB Decisions for Week of December 30 2013 - January 3 2014

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.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

The Boeing Company  (19-RC-015419)  Seattle, WA, January 2, 2014.  Order denying the Petitioner’s Request for Review of the Regional Director’s Decision and Order dismissing the petition.  The Board affirmed the Regional Director’s finding that the Employer’s non-professional Field Service Representatives (FSRs) do not share a sufficient community of interest with an existing professional engineering unit to warrant inclusion in a combined unit through a self-determination election.  The Board, however, reinstated the petition and remanded the case to the Regional Director, instructing the Petitioner to inform the Regional Director whether it wishes to proceed to an election involving a stand-alone unit of FSRs.  If so, the Regional Director will consider whether the unit of FSRs is appropriate and proceed accordingly.  If not, the Petition will be dismissed.  Petitioner—Society of Professional Engineering Employees in Aerospace (SPEEA), Local 2001.  Members Hirozawa, Johnson, and Schiffer participated.

VCNCL, LLC d/b/a Vineyard Court Nursing and Rehabilitation Center  (15-RC-114384)  Columbus, MS, January 3, 2014.  Order denying the Employer’s request for review of the Regional Director’s Decision and Direction of Election.  The Regional Director directed an election in a service and maintenance unit and found that excluded LPNs did not have to be included in the unit because they did not share an overwhelming community of interest with included CNAs.  In denying review, the Board stated that the fact that the unit found appropriate was one directed by the Regional Director, instead of being the unit petitioned for by the Petitioner, did not alter the applicability of Specialty Healthcare and Rehabilitation Center of Mobile, 357 NLRB No. 83 (2011), enfd. sub nom. Kindred Nursing Centers East, LLC v. NLRB, 727 F.3d 552 (6th Cir. 2013).  Member Johnson expressed no view on whether Specialty Healthcare was correctly decided or should be applied to this case, but agreed that the directed unit was appropriate and found that the Employer had failed to present sufficient evidence to distinguish this case from past cases in which LPNs were excluded from similar service and maintenance units.  Petitioner—Retail, Wholesale and Department Store Union.  Chairman Pearce and Members Johnson and Schiffer participated.

C Cases

US Foods, Inc.  (12-CA-109418)  Port Orange, FL, December 30, 2013.  Order denying the petition filed by US Foods, Inc., to revoke in part a subpoena duces tecum. The Board found that the petition was lacking in merit, as 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.  Member Johnson would deny the Employer’s petition to revoke in part without prejudice to the Employer’s renewing its petition within 14 days. Member Johnson would permit the Employer to renew its petition supported by specific evidence of the cost estimates related to providing the ESI requested in certain paragraphs as well as specific evidence of the costs related to providing emails, Xata logs (paper or ESI), and Red Prairie logs (paper or ESI.).  Charge filed by International Brotherhood of Teamsters, Local 385.  Chairman Pearce and Members Johnson and Schiffer participated.

All American School Bus Corp.  (29-CA-100827)  New York, NY, January 2, 2013.  In the absence of exceptions, the Board adopted the Administrative Law Judge’s findings that five 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 five Respondents had previously withdrawn their exceptions to the Judge’s decision, and the Board had severed the 10 cases involving these five Respondents from the remainder of the cases involved in this proceeding.  Charges filed by Local 1181-1061, Amalgamated Transit Union, AFL-CIO. 

Six Star Cleaning & Carpet Services, Inc., d/b/a Six Star Janitorial  (28-CA-023491)  Las Vegas, NV, January 2, 2014. Order denying the Union’s motion for reconsideration of the Board’s June 28, 2013 Decision and Order in this case, and the Respondents’ motion for reconsideration of that Decision and suggestion for consideration by the full Board.  Charges filed by Laborers’ International Union of North America, Local No. 872, AFL-CIO.  Chairman Pearce and Members Hirozawa and Johnson participated.

Cargill, Incorporated  (17-CA-088608)  Hutchinson, KS, January 3, 2013. The Board denied the Respondent Employer’s request for special permission to appeal the administrative law judge’s determination that evidence regarding the Respondent’s argument that the Board should defer to an arbitral award and the merits of the unfair labor practice charge should be heard in a single hearing.  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.

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Appellate Court Decisions

No Appellate Court Decisions involving the Board to report.

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Administrative Law Judge Decisions

R and C Transit, Inc.  (29-CA-107967; JD(NY)-56-13)  Queens Village, NY.  Administrative Law Judge Steven Fish issued his decision on December 30, 2013.  Charge filed by Local 1181-1061, Amalgamated Transit Union, AFL-CIO.

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