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Summary of NLRB Decisions for Week of February 4-8, 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

Landmark Family Foods, Inc. d/b/a Church Square Supermarket  (08-CA-037667, et al., 359 NLRB No. 61) Cleveland, OH, February 7, 2013.

The Acting General Counsel sought summary judgment in this case on the ground that the respondent, in its answer to the amended compliance specification, admitted the allegations set forth in the specification.  The Board found that the respondent admitted the allegations and that additional statements in the respondent’s answer did not establish a dispute over the amount due.  The Board recognized that the respondent was not represented by counsel but found that leniency was not warranted, as the respondent’s amended answer to the original compliance specification demonstrated an understanding of the Board’s requirements for answering a compliance specification.  The Board further found no merit to the respondent’s contention that it offered its admission under duress or false pretenses, as there was no explanation or evidence to support the respondent’s assertion.  Finding the allegations of the amended compliance specification admitted, the Board ordered the respondent to pay $62,378.98 to the union’s pension fund and $148,469.58 to the union’s health and welfare fund, plus interest and liquidated damages and any additional amounts accrued to the date of payment.

Charge filed by United Food and Commercial Workers Union, Local 880. Chairman Pearce and Members Griffin and Block participated.

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Austin Fire Equipment, LLC  (15-CA-019697, 359 NLRB No. 60) Prairieville, LA, February 7, 2013.

The Board denied the union’s motion for reconsideration of the Board’s September 28, 2012 Decision and Order, which found that under the test of Staunton Fuel & Material, Inc., 335 NLRB 717 (2001), the parties’ collective-bargaining relationship was governed by Section 8(f) of the Act rather than Section 9(a) and that the respondent violated Section 8(a)(5) and (1) by failing and refusing to continue in effect all the terms and conditions of its agreement with the union until the agreement’s expiration.

Charge filed by Road Sprinkler Fitters, Local 669, U.A., AFL-CIO.  Chairman Pearce and Members Griffin and Block participated.

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G&L Associated, Inc. d/b/a USA Fire Protection  (10-CA-038074, 359 NLRB No. 59) Clinton, TN, February 7, 2013.

The Board denied the union’s motion for reconsideration of the Board’s September 28, 2012 Decision and Order, which found that under the test of Staunton Fuel & Material, Inc., 335 NLRB 717 (2001), the parties’ collective-bargaining relationship was governed by Section 8(f) rather than Section 9(a) of the Act and that the Respondent violated Section 8(a)(5) and (1) by withdrawing recognition from the Union and failing and refusing to bargain with the Union as the exclusive collective-bargaining representative of unit employees during the term of the agreement.

Charge filed by Road Sprinkler Fitters, Local 669, United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, AFL-CIO.  Chairman Pearce and Members Griffin and Block participated.

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Union of Union Staff (The) (SEIU Healthcare Michigan)  (07-CB-079543, 359 NLRB No. 58) Detroit, MI, February 7, 2013.

The Acting General Counsel sought a default judgment in this case pursuant to the terms of an informal unilateral settlement agreement.  According to the uncontroverted allegations in the motion for default judgment, the respondent failed to comply with the terms of the settlement agreement by failing to furnish the charging party with a copy of the discharge grievance file , by failing to post appropriate notices, and by failing to provide signed copies of the notice for posting by the employer.

Charge filed by an individual.  Chairman Pearce and Members Griffin and Block participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Macy’s, Inc.  (01-RC-091163) Saugus, MA, February 5, 2013.  Order granting the request of Retail Industry Leaders Association and Retail Litigation Center permission to file Brief Amicus Curiae.  Petitioner – United Food and Commercial Workers International Union, Local 1445.

Alta Bates Summit Medical Center  (32-RC-088536) Berkeley, CA, February 6, 2013.   Order affirming the Regional Director’s administrative dismissal of the petition.  Petitioner – National Union of Healthcare Workers.  Chairman Pearce and Members Griffin and Block participated.

Durham School Services, LP  (28-RC-089527) Albuquerque, NM, February 8, 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 Brotherhood of Teamsters, Local 92.

Elysian Brewing Company, Inc.  (19-RC-082934) Seattle, WA, February 8, 2013.  Order denying the employer’s request for review of the Regional Director’s supplemental decision on challenged ballot and certification of representative.  Also denying  employer’s request to reopen the record.   Petitioner – International Union of Operating Engineers, Local 286, AFL-CIO.  Chairman Pearce and Members Griffin and Block participated.

Jenkins Security Consultants, Inc.  (06-RC-091308) Washington, DC, February 8, 2013.  With no exceptions having been filed, the Board adopted the Regional Director’s findings and recommendations, and found that a certification of results of election should be issued.  Petitioner – National League of Justice and Security Professionals.

Rural Metro of Central Colorado, Inc.  (27-RC-089127) Arvada, CO, February 8, 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 – National Emergency Medical Services Association (NEMSA)/NAGE. 

C Cases

All Jay, Ltd, d/b/a Squeaky Clean Car Wash  (28-CA-084233, et al.) Santa Fe, NM, February 4, 2013.  Order approving a Formal Settlement Stipulation between the parties and specifying actions the employer must take to comply with the National Labor Relations Act.  Charges filed by an individual and Comite de Trabajodores Squeaky Clean.  Chairman Pearce and Members Griffin and Block participated.

Somerset Companies (Morgan Ellicott Apartments)  (03-CA-092938) Lancaster, NY, February 4, 2013.  Order denying the employer’s petition to revoke subpoenas ad testificandum.  Charge filed by Service Employees International Union, Local 200United.  Chairman Pearce and Members Griffin and Block participated.

Atlas Media Corp.  (02-CA-093157, et al.) New York, NY, February 4, 2013.  Order denying the employer’s petition to partially revoke subpoena duces tecum.  Charges filed by Writers Guild of America, East, Inc.  Chairman Pearce and Members Griffin and Block participated.

EBI, LLC  (10-CA-088242) Danville, VA, February 4, 2013.  Order denying the employer’s petition to revoke subpoena duces tecum.  Charge filed by United Steel Workers International Union on behalf of United Steel Workers, Local 831.  Chairman Pearce and Members Griffin and Block participated.

Starrs Group Home, Inc.  (05-CA-036537) Baltimore, MD, February 4, 2013.  Order transferring proceedings to the Board and notice to show cause why the Acting General Counsel’s motion should not be granted.  Charge filed by an individual.

Palm Haven Nursing and Rehab, LLC d/b/a St. Jude Care Center  (32-CA-062707, et al.) Manteca, CA, February 7, 2013.  Having no statement of exceptions filed, the Board adopted the findings and conclusions of the administrative law judge’s decision and ordered the respondent to take the recommended action.  Charges filed by SEIU United Healthcare Workers-West.

Jones & Carter, Inc. /Cotton Surveying Company  (16-CA-027969) Houston, TX, February 8, 2013.  With no statement of exceptions having been filed, the Board adopted the findings and conclusions of the administrative law judge’s decision and ordered the respondent to take the recommended action.  Charge filed by an individual.

Henry Rodriguez, Sr., Henry Rodriguez, Jr., Monica Pritchett, and Christopher Pritchett, a California General Partnership, d/b/a Life’s Connections  (32-CA-068654, et al.) Hollister, CA, February 8, 2013.  Order transferring proceeding to the Board and notice to show cause why the Acting General Counsel’s motion should not be granted.  Charges filed by individuals.

Phillips 66 (Sweeny Refinery)  (16-CA-087373, et al.) Houston, TX, February 8, 2013.  Order denying the request of Phillips 66 for special permission to appeal the Regional Director’s order denying the respondent’s request for postponement of the hearing.  Charges filed by International Union of Operating Engineers, Local 564.  Chairman Pearce and Members Griffin and Block participated.

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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-086657, JD-02-13) Novi, MI.  Charge filed by Branch 3126, National Association of Letter Carriers (NALC), AFL-CIO.  Administrative Law Judge Ira Sandron issued his decision on February 4, 2013.

First Student, Inc.  (19-CA-090217, et al., JD(NY)-05-13) Seattle, WA.  Charges filed by General Teamsters, Local 174, affiliated with the International Brotherhood of Teamsters.  Administrative Law Judge Joel P. Biblowitz issued his decision on February 4, 2013.

Hawaiian Dredging Construction Company, Inc.  (37-CA-008316, JD(SF)-07-13) Honolulu, HI.  Charge filed by International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Local 627.  Administrative Law Judge Eleanor Laws issued her decision on February 4, 2013.

Mid-West Telephone Service, Inc.  (08-CA-038901, et al., JD-03-13) Girard, OH.  Charges filed by individuals.  Administrative Law Judge Mark Carissimi issued his supplemental decision and order on February 4, 2013.

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