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Summary of NLRB Decisions for Week of January 13-17 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 Published Board Decisions

Phillips 66  (16-CA-087373; 360 NLRB No. 26)  Houston, TX, January 15, 2014.

The Board adopted the Administrative Law Judge’s findings that the Respondent violated Sec. 8(a)(1) by (a) unlawfully threatening a lead operator when a supervisor told him that the Respondent probably would make lead operator a salaried position, effectively curtailing his and other leads’ pay in the event the Union came in; (b) unlawfully interrogated an employee when a supervisor asked him, “[w]hat’s your opinion of this union thing?” and (c) unlawfully, in view of the Respondent’s previous practice, denied the Union use of the Respondent’s property to hold an organizing event.  With respect to the unlawful denial of access, the Administrative Law Judge and the Board found from the credited testimony that the Respondent had routinely permitted the Union, which represented a small unit of crane operators, and at least four other “in-house” unions that represented existing units to hold their monthly membership meetings in a building on the Respondent’s property.  The Respondent objected only when the Union sought to use the property for an organizing event for some of the Respondent’s unrepresented employees – an effort to which the Respondent was opposed.  Administrative Law Judge Joel P. Biblowitz issued his decision on April 9, 2013.

Charges filed by International Union of Operating Engineers Local 564.  Members Miscimarra, Hirozawa, and Schiffer participated.

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Mike-Sell’s Potato Chip Co.  (09-CA-094143; 360 NLRB No. 28)  Dayton, OH, January 15, 2014.

The Board adopted the Administrative Law Judge’s finding that the Respondent violated Sec. 8(a)(5) and (1) by unilaterally implementing the terms of its full and final offers for two bargaining units without first bargaining with the Union to a good-faith impasse. The Board noted that it would reach the same result even if it did not rely upon the judge’s finding that the Respondent set an arbitrary deadline for reaching a new agreement, or upon any consideration of bargaining concessions offered by the Union after the Respondent’s unilateral implementation of its terms.  Administrative Law Judge Geoffrey Carter issued his decision on June 18, 2013.

Charge filed by General Truck Drivers, Warehousemen, Helpers, Sales and Service, and Casino Employees, Teamsters Local Union No. 957.  Members Miscimarra, Hirozawa, and Schiffer participated.

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K-Air Corporation  (16-CA-091326; 360 NLRB No. 30)  San Antonio, TX, January 16, 2014.

The Board adopted the Administrative Law Judge’s findings that the Respondent’s president violated Sec. 8(a)(1) by interrogating employees on whether they were union members, and violated Sec. 8(a)(3) by discharging an employee for his former union membership.  In addition, the Board found that the Respondent’s president unlawfully threatened employees who were union members in violation of Sec. 8(a)(1) by telling employees that he “had no interest in having” or “did not want” union members as employees.  The Board deferred to compliance the issues of whether the unlawfully discharged employee is disqualified from reinstatement due to an alleged prior conviction and related misrepresentation on his employment application, and whether his remedial backpay period is tolled as of the date the Respondent completed the project on which the employee was hired.  Administrative Law Judge Joel P. Biblowitz issued his decision on May 30, 2013.

Charge filed by Sheet Metal Workers Local No. 67, a/w Sheet Metal Workers International Association.  Members Miscimarra, Hirozawa, and Schiffer participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Daniels Sharpsmart, Inc.  (02-RC-118836)  Bronx, NY, January 15, 2014.  Order denying the Employer’s request for special permission to appeal without prejudice to the Employer’s raising the issue at the hearing.  Petitioner—Local 813, International Brotherhood of Teamsters.  Chairman Pearce and Members Miscimarra and Schiffer participated.

Atlas Rolloff Corp.  (29-RC-114120)  Jamaica, NY, January 16, 2014.  The Board found no merit in the Employer’s exceptions to the Regional Director’s report recommending a hearing on two of the Petitioner’s objections to the conduct of the election.  (There were no exceptions to the Regional Director’s dismissal of the third objection or to his disposition of the challenged ballots).  The Board also denied the Employer’s request to stay the hearing.  Petitioner—Local 175, United Plant & Product Workers, International Union of Journeymen and Allied Trades.  Chairman Pearce, and Members Miscimarra and Schiffer participated.

CNH America LLC  (25-RC-116569)  Goodfield, IL, January 16, 2014.  A panel majority of the Board denied the Employer’s request for review of the Regional Director’s Decision and Direction of Election.  The Regional Director found a separate unit of welders to be an appropriate unit, excluding all other production and maintenance employees.  The Panel found no merit to the Employer’s contention that the Regional Director’s decision runs counter to the Board’s presumption that wall-to-wall production and maintenance units are appropriate, and that such a presumption is not applicable in this case because the Petitioner does not seek to represent a wall-to-wall unit.  The Employer asserted that the Regional Director erroneously ignored or discounted evidence of temporary interchange.  Even accepting the Employer’s view of that evidence, however, the panel majority found that the Employer still has not established its claim that a grouping of all production and maintenance employees at its facility is the only appropriate unit.  Member Miscimarra would grant review based on evidence that a welders-only unit would cross departmental lines, there is substantial interchange between welders and non-welders, and the Board has not found a craft unit of welders to be appropriate since 1955, except in the aerospace industry.  North American Aviation, Inc., 162 NLRB 1267, 1270 (1967).  Member Miscimarra does not reach or rely on Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB No. 83 (2011), enfd. sub nom. Kindred Nursing Centers East v. NLRB, 727 F.3d 552 (6th Cir. 2013), the applicability of which was uncontested by the Employer.  Petitioner- International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers, and Helpers, AFL-CIO.  Chairman Pearce and Members Miscimarra and Schiffer participated.

Lutheran Social Services of Metropolitan New York  (29-RC-114017)  Brooklyn, NY, January 16, 2014.  No exceptions having been filed, the Board adopted the Regional Director’s overruling of Employer’s objections to an election held November 6, 2013, and certified Petitioner Community and Social Agency Employees Union, District Council 1707, American Federation of State, County and Municipal Employees, AFL-CIO as the exclusive collective-barging representative of the unit employees.

Aramark Uniform & Career Apparel, LLC  (18-RD-114625)  Fridley, MN, January 17, 2014.  No exceptions having been filed, the Board adopted the Regional Director’s overruling of Union’s objections to an election held November 26, 2013, and certified that SEIU Local 26 is not the exclusive collective-bargaining representative of the unit employees.

C Cases

ACX Pacific Northwest, Inc.  (32-CA-108141)  Stockton, CA, January 14, 2014.  Order denying the petition filed by ACX Pacific Northwest, Inc., to revoke a subpoena ad testificandum issued to John Gombos. The Board found that the petition was untimely filed, and even assuming that it was timely, it 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.  Charge filed by Miguel Angel Rojas. Chairman Pearce and Members Johnson and Schiffer participated.

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Appellate Court Decisions

No Appellate Court Decisions to report

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Administrative Law Judge Decisions

Boch Honda  (01-CA-083551; JD(NY)-04-14)  Norwood, MA.  Administrative Law Judge Joel P. Biblowitz issued his decision on January 13, 2014.  Charge filed by International Association of Machinists and Aerospace Workers, District Lodge 15, Local Lodge 447.

Environmental Contractors, Inc. and Kielczewski Corporation  (22-CA-089865; JD(NY)-05-14)  West Orange, NJ.  Administrative Law Judge Steven Davis issued his decision on January 13, 2014.  Charge filed by Local 78, Laborers International Union of North America.

Squire Corrugated Box Company  (22-CA-104475; JD(NY)-06-14)  South Plainfield, NY.  Administrative Law Judge Steven Fish issued his decision on January 13, 2014.  Charge filed by Production Workers Union, Local 148.

LM Waste Management - Yauco  (24-CA-091171; JD(ATL)-01-14)  San Juan, PR.  Administrative Law Judge Heather A. Joys issued her decision on January 17, 2014.  Charges filed by Union de Tronquistas de Puerto Rico, Local 901, IBT.

Leslie’s Poolmart, Inc.  (21-CA-102332; JD(SF)-02-14)  Phoenix, AZ.  Administrative Law Judge Lisa D. Thompson issued her decision on January 17, 2014.  Charge filed by an Individual.

The Ohio Edison Company, a subsidiary of FirstEnergy Corporation  (08-CA-099595; JD-03-14)  Akron, OH and Shippingport, PA.  Administrative Law Judge Mark Carissimi issued his decision on January 17, 2014.  Charges filed by International Brotherhood of Electric Workers, Local Union No. 1194, and International Brotherhood of Electric Workers, Local Union No. 272, AFL-CIO, CLC.

Post Brother’s Estates d/b/a Post Brothers Apartments  (04-CA-105691; JD(NY)-07-14)  Philadelphia, PA.  Administrative Law Judge Joel P. Biblowitz issued his decision on January 17, 2014.  Charges filed by International Brotherhood of Electrical Workers, Local Union No. 98.

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