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Summary of NLRB Decisions for Week of February 11-15, 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

833 Central Owners Corp.  (29-CA-070910, 359 NLRB No. 66) Far Rockaway, NY, February 13, 2013.

The Board adopted the administrative law judge’s findings that 833 Central Owners Corp. violated Section 8(a)(1) of the Act by threatening an employee with discharge and unspecified reprisals in order to coerce him into refraining from union activity and by impliedly promising benefits for the same purpose.  The Board also adopted the judge’s findings that the respondent violated Section 8(a)(3) and (1) by warning, suspending, and discharging the employee because of his union activity.

Charges filed by Local 621, United Workers of America.  Administrative Law Judge William Nelson Cates issued his decision on September 14, 2012.  Chairman Pearce and Members Griffin and Block participated.

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D & J Ambulette Service, Inc.  (02-CA-040254, 359 NLRB No. 62) Bronx, NY, February 13, 2013.

The Board affirmed the administrative law judge’s decision to dismiss the complaint in its entirety.  Specifically, the judge found that two individuals were neither supervisors nor agents of the respondent.  As a result, the Acting General Counsel was unable to meet his Wright Line burden with respect to demonstrating that the respondent had knowledge of and animus towards the employees’ union activities.  The Board, in adopting the judge’s decision, stated even if the Acting General Counsel had met his burden with respect to three of the employees, the respondent had established that it would have nonetheless discharged them for legitimate reasons.  The Board also noted that did not rely upon the judge’s determination that the employer’s existing bargaining relationships mitigated the inference of animus that could be drawn from the timing of the discharges. 

Charge filed by individuals.  Administrative Law Judge Raymond P. Green issued his decision on June 12, 2012.  Chairman Pearce and Members Griffin and Block participated. 

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Tractor Company d/b/a CCS Trucking  (13-RC-022018, et al., 359 NLRB No 67) Chicago, IL, February 14, 2013.

The Board reversed the hearing officer’s recommendation for a second election.  Following the election, the tally of ballots was 3 votes for Petitioner Local 727, 3 votes for Petitioner Local 707, and 0 votes against representation, with 6 challenged ballots.  Petitioner Local 727 filed election objections because the employer omitted two employees from the Excelsior list.  On June 18, 2012, the Board issued an unpublished order remanding the case to the Regional Director to open and count the challenged ballots and determine whether further proceedings were warranted in light of the revised tally.  On August 18, the Regional Director issued the revised tally: 4 votes for Local 727, 8 votes for Local 707, and 0 votes against representation.  Notwithstanding the revised tally, the hearing recommended the direction of a second election.  In contrast, the Board certified the election results because it found that, under Woodman’s Food Markets, 332 NLRB 503 (2000), the two Excelsior omissions would not reasonably have interfered with the election because they were not outcome determinative.  The Board distinguished the case from Automatic Fire Systems, 357 NLRB No. 190 (2012), therefore finding it unnecessary to pass on the other Woodman’s factors.

Petitioners – Teamsters, Local 727, International Brotherhood of Teamsters and Local 707, Truck Drivers, Chauffeurs, Warehousemen and Helpers Union.  The Hearing Officer issued his decision on September 27, 2012.  Chairman Pearce and Members Griffin and Block participated. 

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Barsyl Supermarkets, Inc. d/b/a Fine Fare Supermarkets  (29-CA-088768, 359 NLRB No. 65) Brooklyn, NY, February 13, 2013.

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 and notice of hearing.  The Board found that by failing and refusing to furnish the union with the requested information, the respondent failed and refused to bargain collectively and in good faith with the union as the exclusive collective-bargaining representative of its employees in violation of the Act.

Charge filed by Local 338, Retail, Wholesale & Department Store Union, UFCW.  Chairman Pearce and Members Griffin and Block participated.

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Champlin Shores Assisted Living  (18-CA-093766, 359 NLRB No. 63) Champlin, MN, February 14, 2013.

This is a refusal-to-bargain case in which the respondent contested the union’s certification as bargaining representative in the underlying representation proceeding.  The Board found that the respondent’s failure and refusal to recognize and bargain with the union constituted a violation of the Act.

Charge filed by SEIU Healthcare Minnesota.  Chairman Pearce and Members Griffin and Block participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Avenue Care and Rehabilitation Center (The)  (08-RC-088734) Warrensville Heights, OH, February 12, 2013.  In light of the exceptions and brief, the Board adopted the Regional Director’s findings and conclusions, and found that a certification of representative should be issued.  Petitioner – SEIU District 1199 WV/KY/OH Health Care and Social Service Union.  Chairman Pearce and Members Griffin and Block participated.

Cook County School Bus  (13-UD-079769) Arlington Heights, IL, February 12, 2013.  In light of the union’s and the employer’s exceptions and the employer’s brief, the Board adopted the hearing officer’s findings and recommendations, and found that the election must be set aside and a new election held.  Petitioner – an individual.  Chairman Pearce and Members Griffin and Block participated.

Jenkins Security Consultants, Inc.  (05-RC-091308) Washington, DC, February 14, 2013.  With no exceptions having been filed, the Board adopted the Regional Director’s findings and recommendations, and found that a certification of representative should be issued.  Petitioner – National League of Justice and Security Professionals. 

Jenkins Security Consultants, Inc.  (05-RC-091308) Washington, DC, February 14, 2013.  Order rescinding the Board’s decision and certification of results of election issued on February 8, 2013.  A decision and certification of representative will be issued separately.  Petitioner – National League of Justice and Security Professionals.

Midwest Gaming and Entertainment, LLC  (13-RC-089438) Des Plaines, IL, February 14, 2013.  With no exceptions having been filed, the Board adopted the hearing officer’s findings and recommendations, and found that a certification of results of election should be issued.  Petitioner – Teamsters, Local 727.

C Cases

Sprain Brook Manor Nursing Home, LLC  (02-CA-040231, et al.) Scarsdale, NY, February 11, 2013.  Order denying the Acting General Counsel’s motion to strike the respondent’s exceptions and brief in support of exceptions for failure to comply with Sections 102.46(b)(1)(iv) and 102.46(c)(2) of the Board’s Rules and Regulations.  Charges filed by 1199 Service Employees International Union Healthcare Workers East.

Environmental Contractors and Kielczewski Corporation  (22-CA-089865) West Orange, NJ, February 11, 2013.  Order denying Environmental Contractors’ and Kielczewski Corporation’s petitions to revoke subpoena duces tecum.  Charge filed by Local 78, LIUNA.  Chairman Pearce and Members Griffin and Block participated.

Murphy Oil USA, Inc.  (10-CA-038804) Calera, AL, February 11, 2013.  Order approving stipulation, granting motion, and transferring proceeding to the Board.  Charge filed by an individual. 

DHSC, LLC, d/b/a Affinity Medical Center  (08-CA-093035) Massillon, OH, February 13, 2013.  Order transferring proceeding to the Board and notice to show cause why the Acting General Counsel’s motion should not be granted.  Charge filed by National Nurses Organizing Committee (NNOC).

Puna Geothermal Venture  (20-CA-096143) Honolulu, HI, February 13, 2013.  Order transferring proceeding to the Board and notice to show cause why the Acting General Counsel’s motion should not be granted.  Charge filed by International Brotherhood of Electrical Workers, Local 1260.

Brusco Tug & Barge, Inc.  (19-CA-096559) Longview, WA, February 13, 2013.  Order transferring proceeding to the Board and notice to show cause why the Acting General Counsel’s motion should not be granted.  Charge filed by International Organization of Masters, Mates, & Pilots ILA, AFL-CIO.

Austin Fire Equipment, LLC  (15-CA-019697) Prairieville, LA, February 14, 2013.  The respondent filed an application for attorney’s fees and costs, with exhibits, under the Equal Access to Justice Act.  Counsel for the Acting General Counsel filed a motion to dismiss the respondent’s application; the respondent filed an opposition to the Acting General Counsel’s motion to dismiss.  It was ordered that the above-entitled matter be referred to the administrative law judge for appropriate action.  Charge filed by Road Sprinkler Fitters, Local 669, U.A., AFL-CIO.

Bob’s Discount Furniture of New York, LLC  (29-CA-070362, et al.) Glendale, NY, February 15, 2013.  Order granting Counsel for the Acting General Counsel’s motion remanding  cases to the Regional Director for processing of the charging party’s request to withdraw the charges in light of the parties’ non-Board settlement agreement.  Charges filed by Local 888, United Food & Commercial Workers.

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Appellate Court Decisions

No Appellate Court decisions regarding NLRB cases were issued this week.

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Administrative Law Judge Decisions

Durham School Services, L.P.  (32-CA-077078, et al., JD(SF)-08013) Campbell, CA.  Charges filed by Freight, Construction and General Drivers, Warehousemen & Helpers-Teamsters, Local 287, a/w International Brotherhood of Teamsters, Change to Win.  Administrative Law Judge Gregory Z. Meyerson issued his decision on February 11, 2013.

Countrywide Financial Corporation, Countrywide Home Loans, Inc., and Bank of America Corporation  (31-CA-072916, et al, JD(SF)-09-13) Lancaster, CA.  Charges filed by Joshua D. Buck and Mark Thierman, Thierman Law Firm.  Administrative Law Judge William G. Kocol issued his decision on February 13, 2013.

Don Chavas, LLC d/b/a Tortillas Don Chavas  (28-CA-063550, et al., JD-04-13) Tucson, AZ.  Charges filed by individuals.  Administrative Law Judge Christine E. Dibble issued her decision on February 15, 2013.

Local 560, International Brotherhood of Teamsters  (22-CC-001522, et al., JD(NY)-06-13) Kenvil, NJ.  Charges filed by County Concrete Corporation.  Administrative Law Judge Lauren Esposito issued her decision on February 15, 2013.

YRC, Inc. d/b/a YRC Freight  (13-CA-087525, JD-05-13) Bolingbrook, IL.  Charge filed by an individual.  Administrative Law Judge Arthur J. Amchan issued his decision on February 15, 2013.

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