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Summary of NLRB Decisions for Week of January 27-31, 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

Evolution Mechanical Services, Inc. and Murray Mechanical Services  (21-CA-039887; 360 NLRB No. 33) Buena Park, CA, January 27, 2014.

The Board found no merit in the Respondent’s exceptions, and adopted the Administrative Law Judge’s decision that the Respondent unlawfully terminated Robert Schoepfer under the mistaken belief that he engaged in protected activity by disclosing company jobsites to a union attempting to organize the workers.  The Board found that the judge correctly applied the Wright Line standard.  In addition, the Board adopted the judge’s decision that Respondent unlawfully threatened two employees.  Administrative Law Judge William L. Schmidt issued his decision on March 19, 2013.  Charge filed by Sheet Metal Workers’ International Association, Local Union 105, AFL-CIO.  Members Hirozawa, Miscimarra, and Schiffer participated.

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Sheet Metal Workers Local 88 (A. W. Farrell)  (28-CD-096857, 360 NLRB No. 34)  Las Vegas, NV, January 30, 2014.

The Board granted Roofers Local 162’s motion to quash the notice of hearing in this 10(k) proceeding. The Board found that there was no reasonable cause to believe that Section 8(b)(4)(D) had been violated because the dispute in this case is not over the assignment of work to one group of employees rather than to another group.  Instead, as asserted by Local 162, the dispute concerns which union will represent the employees who are currently performing the Employer’s roofing work.  The Board pointed out that none of the parties has raised any objection to the performance of the roofing work by the Employer’s current employees.  Local 162’s position was that it only sought to be recognized as the Sec. 9(a) representative of the employees currently performing the work in dispute.   Accordingly, the Board concluded that this was not a jurisdictional dispute within the meaning of Section 10(k), and it quashed the notice of hearing.  Charge filed by A. W. Farrell & Son, Inc.  Chairman Pearce and Members Miscimarra and Hirozawa participated.

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United States Postal Service  (24-CA-090192, 360 NLRB No. 35)  Cantaño, PR, January 30, 2014. 

The Board affirmed the judge’s, rulings, findings, and conclusions and adopted the recommended Order as modified.  The Respondent contended that the Order was overbroad.  Although the judge limited the notice posting requirement to Respondent’s facilities in San Juan, Puerto Rico, he inadvertently neglected to include “San Juan” before “Puerto Rico” in the introductory sentence of the Order.  The Board modified the Order accordingly and to conform to the judge’s findings and the Board's standard remedial language.  Administrative Law Judge Michael A. Rosas issued his decision on September 30, 2013.  Charges filed by American Postal Workers Union, Local 1070, AFL-CIO.  Chairman Pearce and Members Johnson and Schiffer participated.

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NY-FV, Inc. d/b/a Hassel Volvo of Glen Cove  (29-CA-116941; 360 NLRB No. 36)  Glen Cove, NY, January 31, 2014.

The Board granted the General Counsel’s motion for summary judgment in this refusal-to-bargain test-of-certification case on the ground that the Respondent did not raise any issues that were not, or could not have been, litigated in the underlying representation case in which the union was certified as the bargaining representative.  Charge filed by International Association of Machinists and Aerospace Workers, District Lodge 15, Local Lodge 447.  Chairman Pearce and Members Miscimarra and Hirozawa participated.

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Ace Masonry, Inc., d/b/a Ace Unlimited and Bella Masonry, LLC, alter egos and Bella Furniture Solutions, Inc.  (03-CA-073540; 360 NLRB No. 32)  Ithaca, NY, January 31, 2014.

The General Counsel filed a motion for partial summary judgment in this compliance proceeding, involving the determination of backpay and benefit fund contributions arising from a 2013 Board Order imposing a make-whole remedy for unlawful activity.  The Board granted the General Counsel’s motion on the ground that the Respondents failed to file legally sufficient answers to the compliance specification.  Charges filed by International Union of Bricklayers and Allied Craftworkers, Local No. 3, Laborers International Union, Local No. 785, and Northeast Regional Council of Carpenters.  Chairman Pearce and Members Johnson and Schiffer participated.

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Edifice Restoration Contractors, Inc.  (08-CA-090945; 360 NLRB No. 29)  Holland, OH, January 31, 2014.

The Board adopted the administrative law judge’s finding, in the absence of exceptions, that the Respondent violated Section 8(a)(1) of the Act by unlawfully directing the Charging Party not to discuss his pay rate and agreed with the judge that it was unnecessary to reach two additional allegations of pay-related comments.  The Board also adopted the judge’s dismissal of the allegation that the Respondent unlawfully discharged the Charging Party, but did not rely on the judge’s discussion of the test to be applied under Wright Line, reasoning that, even assuming the Acting General Counsel met his initial burden of proving discriminatory motivation, the Respondent successfully rebutted it by establishing that it would have discharged the Charging Party in the absence of his protected activity.  Member Johnson agreed with his colleagues but found it unnecessary to comment on the judge’s discussion of the Wright Line test.  Administrative Law Judge David I. Goldman issued his decision on May 20, 2013.  Charge filed by an individual.  Chairman Pearce and Members Johnson and Schiffer participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Rhee Bros., Inc.  (05-RC-115948)  Hanover, MD, January 28, 2014.  No exceptions having been filed, the Board adopted the Acting Regional Director’s overruling of Employer’s objections to an election held December 4, 2013, and let stand the December 12, 2013 certification of Petitioner Teamsters Local 570 a/w International Brotherhood of Teamsters as the exclusive collective-bargaining representative of the unit employees. 

NStar Electric & Gas Company, Inc.  (01-RC-112623)  Dorchester, Massachusetts, January 29, 2014.  Order denying the Employer’s request for review as not raising any substantial issues regarding whether the Regional Director erred in finding that the Transmission System Supervisors and the Senior Transmission Outage Coordinators were not excluded from the election unit in a self-determination election as either supervisory or managerial employees.  Member Miscimarra stated that he would grant review regarding whether the transmission system supervisors and senior transmission outage coordinators are statutory supervisors on the basis that they possess the authority to assign and responsibly direct within the meaning of Sec. 2(11) of the Act.   Petitioner—Utility Workers Union of America, AFL-CIO, Local 369.

Chairman Pearce, and Members Miscimarra and Schiffer participated.

C Cases

All American School Bus Corp.  (29-CA-100827)  Long Island City, NY, January 28, 2014.  The Board granted the General Counsel’s Motion to Strike from the Respondent’s brief in support of exceptions any references to post-hearing events and documents not admitted into evidence.  The Board stated that such matters were not part of the record and therefore would not be considered by the Board in deciding the case.  Charges filed by Local 1181-1061, Amalgamated Transit Union, AFL-CIO.

Sodexo America LLC  (21-CA-39086)  Los Angeles, CA, January 29, 2014.  Order denying the Respondent’s motion for reconsideration of the Board’s June 13, 2013 Supplemental Decision and Order in this case reported at 359 NLRB No. 135.  The Board, however, revised the Supplemental Decision and Order to conform with the Board’s standard remedial language regarding the Respondent’s violation of Section 8(a)(1) of the Act by disciplining four employees pursuant to an unlawfully overbroad off-duty no-access rule.  Charges filed by Service Workers United, the National Union of Healthcare Workers, and an individual.  Chairman Pearce and Members Hirozawa and Schiffer participated.

Service Employees International Union, United Healthcare Workers-West (Lakewood Regional Medical Center)  (21-CB-015007)  Lakewood, CA, January 30, 2014.  The Board denied National Union of Healthcare Workers’ request for review of the Acting General Counsel’s decision affirming the Regional Director’s compliance determination.  Charge filed by National Union of Healthcare Workers.  Chairman Pearce and Members Miscimarra and Schiffer participated.

American Red Cross  (33-CA-015821)  Peoria, IL, January 31, 2014.  The Board granted the General Counsel’s request to remand the cases to the Regional Director for Region 25 (Subregion 33).  Charges filed by American Federation of State, County and Municipal Employees (AFSCME), Council 31, AFL-CIO.

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Appellate Court Decisions

No Appellate Court Decisions to report

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Administrative Law Judge Decisions

Management & Training Corporation d/b/a Keystone Job Corp Center  (04-CA-095456; JD-05-14)  Drums, PA.  Administrative Law Judge Arthur J. Amchan issued his decision on January 30, 2014.  Charges filed by Service Employees International Union Local 668.

William Beaumont Hospital  (07-CA-093885; JD-04-14)  Royal Oak, MI.  Administrative Law Judge Susan A. Flynn issued her decision on January 30, 2014.  Charge filed by an Individual.

United Hoisting & Scaffolding, Inc.  (29-CA-105701; JD(NY)-08-14)  Long Island City, NY.  Administrative Law Judge Lauren Esposito issued her decision on January 31, 2014.  Charge filed by International Union of Elevator Constructors, Local No. 1, AFL-CIO.

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