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Summary of NLRB Decisions for Week of July 16-20, 2012

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

Big Sky Hospitalities LLC d/b/a Butte War Bonnet Hotel and Butte Hotels, LLC & Butte Motels, LLC joint employers d/b/a Butte War Bonnet Hotel (19-CA-033164, et al.; 358 NLRB No. 83) Butte, MT, July 16, 2012.

The amended consolidated complaint alleged that the respondents engaged in unfair labor practices in violation of the Act, and that Butte Hotels is a successor to Big Sky and is jointly liable with Big Sky for affirmatively remedying Big Sky’s alleged unfair labor practices.  The Board found that the respondents violated the Act by (1) failing and refusing to recognize and bargain with the union as the exclusive collective-bargaining representative of the employees in the bargaining unit: all maids employed at the hotel excluding all clerical, culinary, lounge, front desk, maintenance employees, laundry workers and all other employees, guards and supervisors as defined in the Act; (2) discharging or otherwise discriminating against any employee for engaging in union activity; (3) engaging in surveillance of its employees’ union or other protected concerted activities; (4) interfering with and/or monitoring employees’ financial and contractual relations with the union; (5) withdrawing recognition from the union and refusing to bargain collectively and in good faith with the union as the representative of the unit; (6) failing and refusing to furnish the union with requested information; and (7) interfering with, restraining, or coercing employees in the exercise of the rights guaranteed them by the Act.

Charges filed by UNITE HERE! Local 427.  Chairman Pearce and Members Griffin and Block participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Supreme Oil Central, Inc. (26-RC-076417) Nashville, TN, July 16, 2012.  Decision and certification of results of election.  Petitioner – United Food and Commercial Workers, Local 1995.

Hyundai of White Plains, LLC (02-RC-070017) White Plains, NY, July 16, 2012.  Decision and direction that the Regional Director open and count ballots.  Petitioner – United Service Workers Union, Local 355, IUJAT.

Marine Terminals Corp. – East d/b/a Ports America (10-RC-080061) Savannah, GA, July 16, 2012.  Order denying employer’s request for review of the Regional Director’s decision and direction of election.  Petitioner – South Atlantic & Gulf Coast District International Longshoremen’s Association.  Chairman Pearce and Members Hayes and Griffin participated.

USC Norris Cancer Hospital (Norris) (21-RD-002890) Los Angeles, CA, July 19, 2012.  Order denying petitioner’s request for review of the Acting Regional Director’s decision and order dismissing petition.  Member Hayes dissented in part: would grant the petitioner’s request for review, reverse the Acting Regional Director, and remand case with directions to conduct an election in the petitioned-for single facility unit.   Petitioner – an individual.  Members Hayes, Griffin, and Block participated.

Oleanders Holdings LLC d/b/a Sacramento Subacute (20‑RC‑074337) Sacramento, CA, July 19, 2012.  Decision on review and order remanding case to Regional Director to open and count ballots and take appropriate action.  Petitioner – Service Employees International Union, United Healthcare Workers—West.  Chairman Pearce and Members Hayes and Griffin participated.

Our Lady of the Resurrection Medical Center (13-RC-022035) Chicago, IL, July 19, 2012.  Decision and certification of results of election.  Petitioner – AFSCME Council 31, American Federation of State, County, and Municipal Employees, AFL-CIO.  Chairman Pearce and Members Hayes and Griffin participated.

General Dynamics Land Systems (19-RC-076743) Lewis McChord, WA, July 20, 2012.  Order denying employer’s request for review of the Regional Director’s decision and direction of election.  Member Hayes dissented: would grant review.  Petitioner – International Union of Operating Engineers, Local 286, AFL-CIO.  Chairman Pearce and Members Hayes and Griffin participated.

C Cases

Casino One Corporation d/b/a Lumiére Place Casino & Hotels (14‑CA‑066026, et al.) St Louis, MO, July 18, 2012.  Decision and order.  Charges filed by UNITE HERE! Local 74.  Chairman Pearce and Members Hayes and Griffin participated.

Old Castle Building Envelope, Inc. (16-CA-027988, et al) Terrell, TX, July 19, 2012.  Decision and order.  Charges filed by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO.  Chairman Pearce and Members Hayes and Griffin participated.  

Pittsburgh Athletic Association (06-CA-067464) Pittsburgh, PA, July 20, 2012.  Order denying motion of region’s motion for summary judgment.  Charge filed by UNITE HERE! Local 57.  Chairman Pearce and Members Hayes and Griffin participated.      

Quantum Hotels, LLC, Metropolitan Lodging, LLC, Wick Road Hotel Management, LLC, alter egos d/b/a Metropolitan Hotel, Romulus (The) (07‑CA‑065304) Romulus, MI, July 20, 2012.  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 Local 24, UNITE HERE! AFL-CIO.                                                                                                                                                                                                                                                            

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Appellate Court Decisions

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

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Decisions of Administrative Law Judges

Columbia College Chicago (30-CA-018888, 13-CA-060793; JD(ATL)‑17‑12) Chicago, IL. 
Charges filed by Part-Time Faculty Association at Columbia College Chicago-Illinois Education Association/National Education Association.  Administrative Law Judge Robert A. Ringler issued his decision on July 17, 2012.

3815 9th Avenue Meat and Produce Corp., d/b/a Compare Supermarket (02‑CA‑067534, et al.; JD(NY)‑22‑12) New York, NY.  Charges filed by United Food and Commercial Workers Union, Local 342.  Administrative Law Judge Lauren Esposito issued her decision on July 20, 2012.

MasTec North America, Inc. d/b/a MasTec Advanced Technologies (13‑CA‑027071, et al.; JD(NY)‑24‑12) Miami, FL.  Charges filed by International Brotherhood of Electrical Workers, Local 728, AFL-CIO.  Administrative Law Judge Joel P. Biblowitz issued his decision on July 20, 2012.

Healthbridge Management, LLC; 107 Osborne Street Operating Company II, LLC d/b/a Danbury HCC; 710 Long Ridge Road Operating Company II, LLC d/b/a Long Ridge of Stamford; 240 Church Street Operating Company II, LLC d/b/a Newington Health Care Center; 1 Burr Road Operating Company II, LLC d/b/a Westport Health Care Center, 245 Orange Avenue Operating Company II, LLC d/b/a West River Health Care Center; 341 Jordan Lane Operating Company II, LLC d/b/a Wethersfield Health Care Center (34‑CA‑012964, et al.; JD(NY)‑21‑12) Fort Lee, NJ.  Charges filed by New England Health Care Employees Union District 1199, SEIU, AFL-CIO and Care Realty, LLC a/k/a Careone, Party in Interest.  Administrative Law Judge Steven Davis issued his decision on July 20, 2012.

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