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Summary of NLRB Decisions for Week of January 7-11, 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

800 River Road Operating Company, LLC d/b/a Woodcrest Health Care Center  (22‑RC‑073078, 359 NLRB No. 48) New Milford, NJ, January 9, 2012. 

The Board adopted the hearing officer’s findings and recommendations and found that a certification of representative should be issued.  In response to the employer’s exception that the hearing officer erred by denying its mid-hearing request for six additional subpoenas, the Board agreed that the hearing officer erred, but the Board found the error to be harmless.  The employer had presented 10 witnesses over the first two days of the hearing and none of them had firsthand knowledge that supported the employer’s election objections.  At the end of the second day, the hearing officer refused to allow eight already subpoenaed witnesses to testify and would not issue six additional subpoenas, because the employer could not make an offer of proof that the testimony of these additional individuals would support its objections.  The Board reasoned that it was reasonable to conclude that the hearing officer would have properly refused to allow the six additional individuals to testify had he automatically issued the subpoenas as he should have.   

Petitioner – 1199 SEIU, United Healthcare Workers East.  Hearing Officer Eric Pomianowski issued his report on June 4, 2012.  Chairman Pearce and Members Griffin and Block participated.    

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Excelsior Golden Living Center  (18-CA-081449, et al., 359 NLRB No. 47) Excelsior, MN, January 9, 2013.

The Board found that the employers did not violate the Act by ceasing to honor employees’ dues-check-off authorizations after the expiration of the employers’ collective-bargaining agreements with the union. The Board noted that although in WKYC-TV, Inc., 359 NLRB No. 30 (2012), it overruled Bethlehem Steel, 136 NLRB 1500, 1502 (1962), affd. in relevant part sub nom. Shipbuilders v. NLRB, 320 F.2d 615 (3d Cir. 1963), cert. denied 375 U.S. 984 (1964), and its progeny “to the extent they stand for the proposition that dues check-off does not survive contract expiration,” it did so prospectively only.  359 NLRB No. 30, slip op. at 8-9. Accordingly, the Board found that, because the employers were privileged under Bethlehem Steel to cease honoring the dues-check-off arrangements after the expiration of the collective-bargaining agreements, they did not violate the Act by doing so.  The Board therefore granted the employers’ motion for summary judgment and dismissed the complaint.

Charge filed by Service Employees International Union Healthcare Minnesota, Local 113. Chairman Pearce and Members Griffin and Block participated.

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Walldesign, Inc.  (28-CA-071847, et al., 359 NLRB No. 52) Las Vegas, NV, January 10, 2013.

The Acting General Counsel sought summary judgment in this case on the ground that the respondent’s answer admits all of the allegations of the consolidated complaint.  The Board ordered the respondent to cease and desist from (a) failing and refusing to bargain collectively and in good faith with the union as the exclusive collective-bargaining representative of the employees during the term of the Agreement and the Master Agreement; (b) failing to continue in effect all of the terms and conditions of the Agreement and the Master Agreement, including by failing to follow the wage, benefit, hiring hall, and other terms of those Agreements with respect to projects covered by them, including the Pacific Pines and College Villas projects; (c) unilaterally entering into a contract for the performance of drywall and other construction work without affording the union notice and an opportunity to; and (d) failing and refusing to furnish the union with requested information.

Charges filed by International Union of Painters and Allied Trades District Council 15, Local 159, affiliated with International Union of Painters and Allied Trades of the United States and Canada (IUPAT), AFL-CIO.  Chairman Pearce and Members Griffin and Block participated.

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Apollo Detective, Inc. and Frank Rogers  (13-CA-061510, 359 NLRB No. 50) Calumet Park, IL, January 10, 2013.

The Acting General Counsel sought a default judgment in this case on the ground that the respondents failed to file an answer to the amended supplemental compliance specification.  In the absence of good cause for the respondents’ failure to file an answer, the Board deemed the allegation in the specification to be admitted as true and granted the Acting General Counsel’s motion for default judgment.  The Board also found that respondent Rogers is jointly and severally liable for the obligations of respondent Apollo and further ordered that the respondents remit to the union dues in the amount of $5,348, plus interest accrued to the date of payment.

Charge filed by Local 1, Service Employees International Union.  Chairman Pearce and Members Griffin and Block participated.

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Tate & Hill, Inc.  (05-CA-086896, 359 NLRB No. 49) Richmond, VA, January 10, 2013.

The Acting General Counsel sought a default judgment in this case on the ground that the respondent failed to file an answer to the complaint.  The respondent failed and refused to bargain collectively and in good faith with the union and to execute the Inside Construction Agreement that it had adopted.

Charge filed by International Brotherhood of Electrical Workers, Local 666.  Chairman Pearce and Members Griffin and Block participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Forward Association (The)  (02-UC-064975) New York, NY, January 7, 2013.  Order denying the employer’s request for review of the Acting Regional Director’s decision and order clarifying unit.  Petitioner – Newspaper Guild of New York, Local 31003.  Chairman Pearce and Members Griffin and Block participated.

DHSC, LLC, d/b/a Affinity Medical Center  (08-RC-087639) Massillon, OH, January 11, 2013.  Order denying the employees’ request for special permission to appeal the Regional Director’s denial of their motion to intervene in the election objections proceeding.  Petitioner – National Nurses Organizing Committee.  Chairman Pearce and Members Griffin and Block participated.

Fused Solutions, LLC  (03-RC-083193) Potsdam, NY, January 11, 2013.  Having reviewed the record in light of exceptions, the Board adopted the hearing officer’s findings and recommendations, and found that a certification of representative should be issued.  Petitioner – United Food and Commercial Workers, District Union Local One.  Chairman Pearce and Members Griffin and Block participated.

C Cases

Windsor Skyline Care Center  (32-CA-076250, et al.) Monterey, Salinas, Fremont, CA, January 9, 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.  Charges filed by SEIU Healthcare Workers-West.

Fresh & Easy Neighborhood Market, Inc.  (31-CA-077074, et al.) El Segundo/England, CA, January 9, 2013.  Order denying the respondent’s motion to dismiss the revised consolidated complaint.  Charges filed by United Food and Commercial Workers International Union.  Chairman Pearce and Members Griffin and Block participated.

Service Employees International Union United Healthcare Workers-West (Kaiser Permanente)  (32-CB-087632) Modesto, CA, January 9, 2013.  Order denying the union’s petitions to revoke subpoena ad testificandum and subpoena duces tecum.  Charge filed by an individual.  Chairman Pearce and Members Griffin and Block participated.

Tri-State Metal Works, Inc.  (22-CA-072415) Wayne, NJ, January 9, 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 Sheet Metal Workers, Local 25.

Appalachian Regional Healthcare, Inc.  (09-CA-087837) Hazard, KY, January 10, 2013.  Order transferring proceeding to the Board and notice to show cause why the Acting General Counsel’s motion should not be granted.  Charge filed by Southern United Nurses/National Nurses United.

CB&I, Inc.  (06-CA-089693) New Martinsville, WV, January 10, 2013.  Order denying the employer’s petition to revoke subpoena duces tecum.  Charge filed by International Brotherhood of Boilermakers, Local 667.  Chairman Pearce and Members Griffin and Block participated.

MCD Plumbing, Inc. and Michael A. Stachowiak, d/b/a DMS Services and Michael C. Diebold   (03-CA-076777) Rochester, NY, January 10, 2013.  Order denying the motion to dismiss the complaint filed by respondents.  Charge filed by United Association, Plumbers & Steamfitters, Local 22.  Chairman Pearce and Members Griffin and Block participated.

Rochdale Village, Inc.  (29-CA-030406) Jamaica, NY, January 10, 2013.  With no 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 Liuna Residential Construction & General Service Workers, Local 10. 

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Appellate Court Decisions

No Appellate Court decisions involving NLRB cases were issued this week.

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Administrative Law Judge Decisions

Creative Vision Resources, LLC  (15-CA-020067, JD(ATL)-01-13) New Orleans, LA.  Charge filed by Local 100, United Labor Unions.  Administrative Law Judge Keltner W. Locke issued his decision on January 7, 2013.

Bed Bath & Beyond, Inc.  (22-CA-080407, JD(NY)-02-13) Port Redding, NJ.  Charge filed by an individual.  Administrative Law Judge Joel P. Biblowitz issued his decision on January 8, 2013.

Quicken Loans, Inc.  (28-CA-075857, JD(NY)-03-13) Scottsdale, AZ.  Charge filed by an individual.  Administrative Law Judge Joel P. Biblowitz issued his decision on January 8, 2013.

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