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Summary of NLRB Decisions for Week of February 3 - 7, 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

MCPc, Inc.  (06-CA-063690; 360 NLRB No. 39)  Pittsburgh, PA, February 6, 2014

The Board unanimously adopted the judge’s finding that the Respondent, which provides technology products and services, violated the Act by maintaining a confidentiality rule prohibiting dissemination of “personal or financial information,” because such a rule would chill employees from discussing their wages.  The Board further found that employee Jason Galanter was engaged in protected concerted activity when he mentioned an executive’s salary in the course of complaining about workloads at a team-building meeting.  Therefore, the Respondent’s discharge of Galanter for his comments also violated the Act.  The Board found it unnecessary to reach the judge’s additional finding that Galanter’s discharge violated the Act because he was engaged in activities with underlying Section 7 concerns when the Respondent discharged him for violating an unlawfully broad work rule.  Charge filed by an individual.  Administrative Law Judge Michael A. Rosas issued his decision on June 7, 2012.  Members Miscimarra, Hirozawa, and Schiffer participated.

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Carey Salt Company, a Subsidiary of Compass Minerals International, Inc.  (15-CA-020035, 15-CA-061694; 360 NLRB No. 38)  Cote Blanche, LA, February 6, 2014.

The Board adopted all of the judge’s findings that the Respondent violated Sections 8(a)(1), (4) and (5) by threatening, conditioning, and delaying a scheduled wage increase because of injunction litigation ensuing from the statutorily protected filing of unfair practice charges.  The Board reversed the judge and ordered the reading of the notice to employees as a remedy.  Charge filed by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy Allied Industrial and Service Workers International Union and Local Union 14425.  Administrative Law Judge Keltner W. Locke issued his decision on May 16, 2012.  Chairman Pearce and Members Johnson and Schiffer participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

The Children’s Place at the Plaza, Inc.  (03-RD-116425)  Albany, NY, February 3, 2014.  In the absence of exceptions to the Acting Regional Director’s overruling of objections to an election held December 10, 2013, the Board certified incumbent SEIU Local 200 United as the exclusive collective-bargaining representative of the Albany, New York employees of the Employer. Petitioner—an individual.

Dignity Health & St. Francis Memorial Hospital  (20-UC-115160 and 32-UC-115418)  San Francisco, CA, February 5, 2014.  The Board granted the Union’s Request for Special Permission to Appeal the Hearing Officer’s ruling denying the Union’s motion to transfer the proceeding to Region 32, and denied the appeal on the merits.  Union—International Union of Operating Engineers Stationary Engineers, Local 39.  Chairman Pearce and Members Miscimarra and Hirozawa participated.

Securitas Security Services USA, Inc.  (20-RC-107222)  Honolulu, HI, February 7, 2014.  The Board adopted the Regional Director’s findings and recommendations on objections to an election, and certified the Petitioner National Union of Protective Services Associations as the collective-bargaining representative of the unit employees.  The overruled objections concerned whether the simultaneous occurrence of union representatives handing out cards while engaging in jocular interactions with the Board agent, in a public place outside the polling area between voting sessions, created an objectionable impression that the Board agent endorsed the union.  In dissent, Member Johnson disagreed with the Board panel majority’s finding that no objectionable conduct occurred, and would instead remand for an evidentiary hearing.  Members Hirozawa, Johnson, and Schiffer participated.

Radici Plastics USA, Inc.  (08-RC-117818)  Wadsworth, OH, February 7, 2014.  Order denying the Employer’s request for review of the Acting Regional Director’s Decision and Direction of Election as not raising any substantial issues regarding whether the Acting Regional Director erred in finding that the three Jolies lacked authority to responsibly direct, assign, and reward with independent judgment.  Member Miscimarra stated that he would grant review of the Acting Regional Director’s determination that the Jolies lack authority to reward and responsibly direct employees exercising independent judgment.  Petitioner—Teamsters Local 24, a/w International Brotherhood of Teamsters.  Chairman Pearce and Members Miscimarra and Hirozawa participated.

C Cases

R and C Transit, Inc.  (29-CA-107967)  Queens, NY, February 4, 2014.  No exceptions having been filed, the Board adopted the findings and conclusions of the Administrative Law Judge that the Respondent had engaged in certain unfair labor practices, and ordered the Respondent to take the action set forth in the Judge’s recommended Order to remedy the unfair labor practices.  Charges filed by Local 1181-1061, Amalgamated Transit Union, AFL-CIO.

First Student, Inc.  (08-CA-113513)  Euclid, OH, February 6, 2014.  The Board denied First Student’s petition to revoke a subpoena duces tecum and two subpoenas ad testificandum.  The Board found that the subpoenas seek information relevant to the matters under investigation and describe with sufficient particularity the evidence sought.  Further, the Board concluded that First Student had not established any other basis for revoking the subpoena.  Chairman Pearce and Members Miscimarra and Schiffer participated.

Globe Wholesale Company  (29-CA-093481)  Brooklyn, NY, February 6, 2014.  The Board denied Globe Wholesale Company’s petition to revoke a subpoena duces tecum, finding that the subpoena sought relevant information and described the requested evidence with sufficient particularity.  Further, the Board concluded that the Employer had not established any other basis for revoking the subpoena.  Chairman Pearce and Members Miscimarra and Schiffer participated.

Ironworkers Local Union 401 (Hagen Construction, Inc.)  (04-CB-108655)  Bensalem, PA, February 6, 2014.  Order approving a formal settlement stipulation between the Respondent, the Charging Party, and the General Counsel, and specifying actions the Respondent must take to comply with the National Labor Relations Act.  Charges filed by Hagen Construction Inc. Chairman Pearce and Members Miscimarra and Schiffer participated.

Metcalfe, Inc.  (30-CA-083792; 30-CA-102144)  Madison, WI, February 6, 2014.  Order denying the Respondent’s motion for summary judgment. Charges filed by United Food and Commercial Workers, Local 1473. Chairman Pearce and Members Miscimarra and Schiffer participated

Sprain Brook Manor Nursing Home, LLC et al.  (02-CA-089480)  Scarsdale, NY, February 6, 2014.  The Board granted in part and denied in part the petition to revoke an investigative subpoena duces tecum.  Members Johnson and Miscimarra found that the subpoena was overbroad to the extent it sought documents and correspondence between the Petitioner and “any other union.”  Member Hirozawa stated that the subpoena was sufficiently narrow temporally and sufficiently related to the charges to warrant denial of the petition.  Member Johnson would also grant the petition to revoke insofar as it sought Petitioner’s documents within the “New York Metropolitan Area,” without prejudice to the General Counsel’s right to subpoena documents from other clearly-defined geographic areas, provided their relevance is established.  Charge filed by 1199 SEIU United Healthcare Workers East.  Members Miscimarra, Hirozawa, and Johnson participated. 

UPMC and its subsidiary UPMC Presbyterian Shadyside  (06-CA-102465, et al.)  Pittsburgh, PA, February 7, 2014.  Order Denying the Respondent’s Motion to Dismiss the Amendments to the complaint.  Charges filed SEIU Healthcare Pennsylvania, CTW, CLC.  Chairman Pearce and Members Miscimarra and Hirozawa participated.

Babcock & Wilcox Construction Company  (28-CA-022625)  Joseph City, AZ, February 7, 2014.  The Board issued a Notice and Invitation to File Briefs, which invited the parties and interested amici to file briefs on the issue of whether the Board should continue to adhere to, modify, or abandon the Board’s longstanding standard for deferral to arbitration awards in Sec. 8(a)(1) and (3) cases set forth in Spielberg Mfg. Co., 112 NLRB 1080 (1955) and Olin Corp., 268 NLRB 573 (1984).  Briefs are due to be filed with the Board by March 25, 2014, with the parties permitted to file responsive briefs by April 8, 2014.

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Appellate Court Decisions

No Appellate Court Decisions to report.

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Administrative Law Judge Decisions

J. B. Hunt Transport, Inc.  (05-CA-105339; JD-06-14)  Chantilly, VA.  Administrative Law Judge Arthur J. Amchan issued his decision on February 5, 2014.  Charge filed by an individual.

The Neiman Marcus Group, Inc.  (31-CA-074295; JD(SF)-04-14)  Beverly Hills, CA.  Administrative Law Judge Eleanor Laws issued her decision on February 6, 204.  Charge filed by an individual.

B.U.H. Construction a/k/a B.U.H. Enterprises, Inc.  (01-CA-103438; JD(NY)-09-14)  McKees Rock, PA.  Administrative Law Judge Kenneth W. Chu issued his decision on February 6, 2014.  Charge filed by New England Regional Council of Carpenters.

Kroger Limited Partnership I and KRGP, Inc.  (25-CA-099851; JD-07-14)  Normal, IL.  Administrative Law Judge Melissa M. Olivero issued her decision on February 7, 2014.  Charge filed by Laborers International Union of North America, Local Union No. 362. 

Haynes Building Services, LLP  (31-CA-093920; JD(ATL)-03-14)  Monrovia, CA.  Administrative Law Judge Keltner W. Locke issued his decision on February 7, 2014.  Charge filed by an individual.

Paragon Systems, Inc.  (10-CA-095371; JD(ATL)-05-14)  Savannah, GA.  Administrative Law Judge Heather Joys issued her decision on February 7, 2014.  Charge filed by an individual.

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