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Summary of NLRB Decisions for Week of January 22-24 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

Hotel Management Advisors Troy, LLC d/b/a Metropolitan Hotel Detroit-Troy  (07-CA-098296; 360 NLRB No. 25)  Troy, MI, January 23, 2014.

The Board granted the General Counsel’s Motion for Default Judgment pursuant to the noncompliance provisions of a settlement agreement.  The Board found that the Respondent failed to comply with the terms of the settlement agreement by refusing to fully remit backpay owed to its unit employee.  The Board ordered the Respondent to reinstate the unit employee and to make the unit employee whole for any loss of earnings and other benefits suffered as a result of the Respondent’s unlawful conduct, and to expunge from its records the unlawful discharge and drug test of the unit employee.  In addition, the Board ordered the Respondent to reimburse the unit employee in an amount equal to the differences in taxes owed upon receipt of a lump-sum backpay payment and taxes that would have been owed had there been no discrimination against him, and to submit the appropriate documentation to the Social Security Administration so that when backpay is paid, it will be allocated to the appropriate periods.  Charge filed by Local 324, International Union of Operating Engineers (IUOE), AFL-CIO.  Chairman Pearce and Members Johnson and Schiffer participated.

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United States Postal Service  (24-CA-100739; 360 NLRB No. 31)  Aguadilla, PR, January 24, 2014. 

The Board affirmed the Administrative Law Judge’s, rulings, findings, and conclusions and adopted the recommended Order as modified.  The Respondent did not except to the judge’s findings and conclusions.  Its exceptions were limited to the judge’s recommendation that a cease and desist Order be issued against the “Respondent, United States Postal Service, Puerto Rico….”  The Respondent contended that the Order was overbroad.  Although the judge limited the notice posting requirement to Respondent’s Aguadilla Post Office in Aguadilla, Puerto Rico, he inadvertently neglected to include “Aguadilla” before “Puerto Rico” in the introductory sentence of the Order.  The Board modified the Order accordingly.  The Board also modified the Order to conform to its standard remedial language and by removing a portion of the Order requiring that the Respondent furnish the Union with information relating to certain personnel records in light of the judge’s undisputed finding that the information had previously been provided.  Administrative Law Judge Michael A. Rosas issued his decision on September 30, 2013.  Charge filed by American Postal Workers Union, Local 1070, AFL-CIO. Chairman Pearce and Members Johnson and Schiffer participated.

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The Avenue Care and Rehabilitation Center  (08-CA-094941; 360 NLRB No. 24) Warrensville Heights, OH, January 24, 2014.

The Board panel, by unanimous agreement, adopted the Administrative Law Judge’s findings that the Respondent violated Section 8(a)(1) by promulgating an oral rule prohibiting employees from discussing union activities on its property and threatening them with discipline if the rule was violated, by interrogating an employee as to whether she passed out union cards, and by interrogating employees about the origin of their organizing efforts and the reasons why they wished to be represented by the union.  Administrative Law Judge Mark Carissimi  issued his decision on October 17, 2013. Charge filed by SEIU District 1199, WV/KY/OH, The Healthcare and Social Service Workers Union.  Chairman Pearce and Members Hirozawa and Johnson participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Polycon Industries, Inc.  (13-RD-105718, 13-RM-107720)  Merrillville, IN, January 23, 2014.  The Board found that the Employer’s request for review of the Acting Regional Director’s decision to hold the petitions in abeyance pending resolution of an outstanding unfair labor practice charge raised no substantial issues warranting reversal of the Acting Regional Director’s determination.  Accordingly, the Board affirmed the Acting Regional Director’s decision. Petitioners—an Individual and Polycon Industries, Inc.  Union- Teamsters Local Union No. 142, a/w the International Brotherhood of Teamsters.  Chairman Pearce and Members Miscimarra and Schiffer participated.

Cook Inlet Tug & Barge, Inc.  (19-RC-106498)  Anchorage, AK, January 23, 2014.  The Board granted review of the Employer’s request for review of the Regional Director’s Decision and Direction of Election with respect to whether the Employer’s captains are statutory supervisors based on their authority to assign and direct.  The Board denied review in all other respects, including the Employer’s contention that the hearing officer violated the Administrative Procedure Act, the Board’s Rules and Regulations, and the ABA’s Model Code of Judicial Conduct by inviting the Petitioner’s legal team to view union memorabilia after the close of the hearing.  Regarding the hearing officer’s conduct, the Board stated that the Employer failed to timely raise the issue; that the Administrative Procedure Act does not apply to representation hearings; that Section 102.126 of the Board’s Rules and Regulations does not apply to hearing officers; that the Board has not adopted and applied the Model Code of Judicial Conduct to hearing officers; that the Employer did not allege that the hearing officer failed to properly fulfill his role of guiding, directing, and controlling the presentation of evidence at the hearing; and that the hearing officer made no recommendations to the Regional Director as to the decision in the case.  Regarding the supervisory issue, Member Miscimarra also would have granted review regarding whether the captains possess the authority to hire, discharge, promote, discipline, and adjust grievances within the meaning of Sec. 2(11) of the Act.  Petitioner—Inlandboatmen’s Union of the Pacific.  Chairman Pearce and Members Miscimarra and Schiffer participated.

C Cases

Caterpillar Logistics, Inc.  (09-CA-110247)  Clayton, OH, January 22, 2014.  Order denying the petition filed by Caterpillar Logistics, Inc. to revoke a subpoena duces tecum. The Board found that the petition 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 International Union, United Automobile Aerospace and Agricultural Implement Workers of America, AFL-CIO.  Chairman Pearce and Members Johnson and Schiffer participated.

FAA Beverly Hills, Inc.  (31-CA-101492)  Los Angeles, CA, January 22, 2014.  The Board denied FAA Beverly Hills’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 FAA Beverly Hills had not established any other basis for revoking the subpoena.  Because it denied the petition on the merits, the Board did not reach the Region’s additional argument that the petition was untimely.   Charges filed by General Teamsters, Airline, Aerospace and Allied Employees, Warehousemen, Drivers, Construction, Rock and Sand, Local 986.  Chairman Pearce and Members Miscimarra and Schiffer participated.

Belk, Inc.  (15-CA-109057)  January 23, 2014.  Little Rock, AR, January 23, 2014.  Order denying the petitions filed by Belk, Inc., to revoke subpoenas duces tecum and ad testificandum. The Board found that the petitions were lacking in merit, as the subpoenas 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 subpoenas.  The Board, however, granted the Employer’s petition to revoke the subpoena duces tecum to the extent it encompassed medical records in the employee’s personnel file because such documents implicate significant privacy interests and there is no indication in this case that medical records are related to the matters under investigation.  Charges filed by an individual.  Chairman Pearce, Members Miscimarra and Schiffer participated.

Woodman’s Food Market, Inc.  (18-CA-112317)  Janesville, WI, January 24, 2014.  Order denying the petition filed by Woodman’s Food Market, Inc. to revoke a subpoena duces tecum.  The Board found that 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 United Food and Commercial Workers, Local 1473.  Chairman Pearce and Members Johnson and Schiffer participated.

Sheehy Enterprizes, Inc.  (25-CA-030583)  Indianapolis, IN, January 24, 2014. No exceptions having been filed to the Administrative Law Judge’s supplemental decision in this compliance proceeding, the Board ordered Sheehy Enterprizes, Inc. to pay the amounts of backpay due the discriminatees, as set forth in the Administrative Law Judge’s recommended Order.  Charge filed by Laborers’ International Union of North America, State of Indiana District Council, a/w/ Laborers’ International Union of North America.

Greenheck Fan Corporation  (30-CA-087881)  Schofield, WI, January 24, 2014.  No exceptions having been filed to the Administrative Law Judge’s supplemental decision in this compliance proceeding, the Board ordered Greenheck Fan Corporation to pay the amount of backpay due the discriminatee, as set forth in the Administrative Law Judge’s recommended Order.  Charge filed by an Individual.

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Appellate Court Decisions

No Appellate Court Decisions to report

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Administrative Law Judge Decisions

Voith Industrial Services, Inc.  (09-CA-097589; JD-02-14)  Louisville, KY.  Administrative Law Judge Paul Bogas issued his decision on January 23, 2014.  Charge filed by General Drivers, Warehouseman and Helpers, Local Union No. 89, affiliated with the International Brotherhood of Teamsters.

The Modern Honolulu  (20-CA-072776; JD(SF)-03-14)  Honolulu, HI.  Administrative Law Judge William L. Schmidt issued his decision on January 23, 2014.  Charges filed by Unite Here! Local 5.

Greenbrier VMC, LLC, d/b/a Greenbrier Valley Medical Center  (10-CA-094646; JD(ATL)-02-14)  Ronceverte, WV.  Administrative Law Judge Robert A. Ringler issued his decision on January 23, 2014.  Charge filed by National Nurses Organizing Committee, AFL-CIO (NNOC).

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