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Summary of NLRB Decisions for Week of February 18-22, 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

There were no published Board decisions issued this week.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Saint Xavier University  (13-RC-092296) Chicago, IL, February 20, 2013.  The Board granted review of the Regional Director’s Decision and Direction of Election that found that the Board could assert jurisdiction over Saint Xavier University and directed an election in the petitioned-for unit of the University’s housekeeping employees.   (The election was held and the ballots have been impounded pending the Board’s review.)   In addition to the issue of whether the University qualifies as a religious educational institution under the United States Supreme Court’s decision in NLRB v. Catholic Bishop of Chicago, 440 U.S. 490 (1979), the Board also invited the parties to discuss in their briefs on review whether the Board should assert or deny jurisdiction over the housekeeping employees.  Petitioner – Service Employees International Union, Local 1.  Chairman Pearce and Members Griffin and Block participated.

Pyramid Acquisition II Management, LLC, d/b/a Fairfax at Embassy Row (The)  (05‑RC‑095207) Washington, DC, February 20, 2013.  Order denying the employer’s request for review of the Regional Director’s decision and direction of election.  Petitioner – International Union of Operating Engineers, Local 99.  Chairman Pearce and Members Griffin and Block participated.

Daniels Sharpsmart, Inc.  (02-RC-091380) Bronx, NY, February 22, 2013.  With no exceptions having been filed, the Board adopted the hearing officer’s findings and recommendations and ordered the proceeding to be remanded to the Regional Director for further appropriate action.  Petitioner – Teamsters, Local 813, I.B.T. 

New England Ambulance, Inc.  (01-RC-091729) Johnston, RI, February 22, 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 – International Association of EMT’s and Paramedics, SEIU/NAGE, Local 5000.

C Cases

SEIU United Healthcare Workers-West  (20-CB-091649) Roseville, CA, February 20, 2013.  Order denying the petitions to revoke subpoenas ad testificandum.  Charge filed by an individual.  Chairman Pearce and Members Griffin and Block participated.

Service Employees International Union, United Healthcare Workers-West (Sutter Delta Medical Center)  (32-CB-091398) Antioch, CA, February 21, 2013.  Order denying the petition to revoke subpoena duces tecum.  Charge filed by an individual.  Chairman Pearce and Members Griffin and Block participated.

Horizon Lines of Puerto Rico, Inc.  (24-CA-075533) San Juan, PR, February 22, 2013.  With no statement of exceptions having been filed, the Board adopted the findings and conclusions of the administrative law judge’s decision dismissing the complaint.  Charge filed by International Longshoremen Association, Local 1575.

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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

United States Postal Service  (07-CA-085557, et al., JD-06-13) Saline, MI.  Charges filed by Branch 434, National Association of Letter Carriers (NALC), AFL-CIO.  Administrative Law Judge David I. Goldman issued his decision on February19, 2013.

United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Plumbers and Steamfitters, Local 128 (General Electric Company)  (03-CB-086424, JD(NY)-09-13) Schenectady, NY.  Charge filed by an individual.  Administrative Law Judge Joel P. Biblowitz issued his decision on February 20, 2013.

Intertape Polymer Corp.  (11-CA-077869, et al., JD(ATL)-04-13) Columbia, SC.  Charges filed by United Steel, Paper & Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO-CLC.  Administrative Law Judge Robert A. Ringler issued his decision on February 20, 2013.

Oberthur Technologies of American Corporation  (04-086325, et al., JD(NY)-11-13) Exton, PA.  Charges filed by Graphic Communications Conference International Brotherhood of Teamsters, Local 14-M.  Administrative Law Judge Raymond P. Green issued his decision on February 20, 2013.

Dover Hospitality Services, Inc., a/k/a Dover Caterers, Inc., a/k/a Dover College Services, Inc., a/k/a Dover Group of New York, a/k/a Dover Group, a/k/a Quick Snack Foods, Inc.  (29‑CA‑063398, JD(NY)-10-13) Plainview, NY.  Charge filed by Local 1102 of the Retail, Wholesale & Department Store Union, United Food & Commercial Workers Union.  Administrative Law Judge Mindy E. Landow issued her decision on February 22, 2013.

Connecticut Institute for the Blind, Inc. d/b/a Oak Hill  (34-CA-013016, JD(NY)-08-13) Hartford, CT.  Charge filed by New England Health Care Employees Union, District 1199, SEIU.  Administrative Law Judge Steven Fish issued his decision on February 22, 2013.

Endo Painting Service, Inc.  (20-CA-080565, JD(SF)-10-13) Oahu, Hi.  Charge filed by International Union of Painters and Allied Trades, Painters, Local 1791.  Administrative Law Judge Gerald A. Wacknov issued his decision on February 22, 2013.

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