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Summary of NLRB Decisions for Week of July 9-13, 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

Smith’s Food & Drug Centers, Inc. d/b/a Fry’s Food Stores (28-CA-022836, et al, and 28‑CB‑007045, et al; 358 NLRB No. 66) Phoenix, AZ, July 10, 2012.

The Board adopted the administrative law judge’s dismissal of the complaint allegations that the respondent union violated the Act by failing to adequately inform union members of their window periods for revoking dues check-off authorizations, and that the respondent employer violated the Act by continuing to remit dues to the union pursuant to those authorizations.  In adopting these dismissals, the Board noted that the Acting General Counsel did not contest the facial validity of the union’s standard dues check-off authorization agreement, and that there was no evidence that any of the charging parties attempted to revoke, or even inquired about revoking, their authorizations during any of the possible window periods.  The Board therefore found it unnecessary to pass on the union’s contention that the Board should give deference to its interpretation of the language of the authorization agreement. 

Charges filed by individuals.  Administrative Law Judge William G. Kocol issued his decision on May 3, 2011.  Chairman Pearce and Members Griffin and Block participated.

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Dover Hospitality Services, Inc, a/k/a Dover Caterers, Inc., a/k/a Dover College Services, Inc. (29‑CA‑030591; 358 NLRB No. 84) Selden and Brentwood, NY, July 12, 2012.

The Board adopted the administrative law judge’s finding that the respondent failed to provide the union with financial information necessary to substantiate the respondent’s claim of an inability to pay.  The Board rejected the respondent’s argument that, by waiting 8 months after the respondent’s claim of inability to pay before making its request, the union waived its right to the information.

Charge filed by Local 1102, Retail, Wholesale & Department Store Union, United Food & Commercial Workers Union.  Administrative Law Judge Steven Fish issued his decision on September 28, 2011.  Chairman Pearce and Members Griffin and Block participated.

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International Brotherhood of Teamsters, Local 727 (13-CB-060708; 358 NLRB No. 86) Chicago, IL, July 13, 2012. 

The Board adopted the administrative law judge’s finding that the union, the operator of an exclusive hiring hall, violated the Act by inadequately notifying registrants of a new rule that prohibited registrants from staying in unavailable status for more than 12 consecutive months and by suspending a registrant from the referral list pursuant to that rule.  The Board found it unnecessary to pass on whether the registrant was also suspended in retaliation for failing to help the respondent organize a company that he previously owned, because it would not materially affect the remedy.   

Charge filed by an individual.  Administrative Law Judge Jeffrey D. Wedekind issued his decision on March 5, 2012.  Members Hayes, Griffin, and Block participated.    

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Suiza Dairy Corp. (24-RC-081423, et al.) San Juan, PR, July 9, 2012.  Order denying employer’s motion for reconsideration of a Board order.  Petitioner – Central General de Trabajadores.  Chairman Pearce and Members Griffin and Block participated.

Omnova Solutions, Inc. (26-RD-001182) Columbus, MS, July 12, 2012.  Decision and Direction that the Regional Direction open and count ballots.  Petitioner – and individual.  Members Hayes, Griffin, and Block participated.

Corliss Resources, Inc. (19-RC-080317) Sumner, WA, July 11, 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 – Teamsters, Local 174, affiliated with the International Brotherhood of Teamster.  Chairman Pearce and Members Hayes and Griffin participated.

Glen Cove Property, LLC d/b/a Glen Cove Mansion Hotel & Conference Center (29‑RC‑078447) Glen Cove, NY, July 12, 2012.  Decision, order that the first election be set aside and a new, second election conducted, and direction of second election.  Petitioner – Local 811, Warehouse Production Sales & Allied Service Employees Union.

C Cases

Home Service Center (07-CA-067687) Flint, MI, July 9, 2012.  Order denying as untimely petition to revoke subpoena duces tecum and subpoena ad testificandum.  Charge filed by Local 370, United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, AFL-CIO.  Chairman Pearce and Members Griffin and Block participated.

Local 307, National Postal Mail Handlers Union, a division of the Laborers’ International Union of North America, AFL-CIO (07-CB-074661) Allen Park, MI, July 9, 2012.  Order denying motion of respondent for summary judgment.  Charge filed by an individual.  Chairman Pearce and Members Griffin and Block participated.

2 Sisters Food Group, Inc., and Fresh & Easy Neighborhood Market, Inc. (21‑CA‑038915, et al.) Riverside, CA, July 9, 2012.  Order denying motion of respondent to dismiss the compliance specification and notice of hearing.  Charges filed by United Food and Commercial Workers International Union, Local 1167.  Chairman Pearce and Members Griffin and Block participated.

Lancaster Symphony Orchestra (04-CA-082327) Lancaster, PA, July 10, 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 Greater Lancaster Federation of Musicians, Local 294, AFM, AFL-CIO.

StageTech Productions, LLC (11-CA-022813, et al.) Greenville, SC, July 10, 2012.  Order transferring proceeding to the Board and notice to show cause why the Acting General Counsel’s motion should not be granted.  Charges filed by an individual.

Enjoi Transportation, LLC (07-CA-072086, et al.) Detroit, MI, July 10, 2012.  Order transferring proceeding to the Board and notice to show cause why the Acting General Counsel’s motion should not be granted.  Charges filed by Local 243, International Brotherhood of Teamsters.

Food Services of America, Inc., a subsidiary of Services Group of America, Inc. (28‑CA‑063052) Scottsdale, AZ, July 10, 2012.  Order denying motion for reconsideration of denial of motion to accept respondent’s exceptions to decision of administrative law judge and brief in support of exceptions.  Charge filed by an individual.

Ovations Food Services, L.P. (09-CA-046264) Cincinnati, OH, July 10, 2012.  Order denying respondent’s motion to dismiss the complaint and notice of hearing or, alternatively, motion for summary judgment.   Charge filed by an individual.  Chairman Pearce and Members Griffin and Block participated,

Liberty-Pittsburgh Systems, Inc. (06-CA-074733) Pittsburgh, PA, July 10, 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 United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC, Local 14034-34. 

Grede II, LLC (11-CA-071297) Biscoe, NC, July 12, 2012.  Order adopting the findings and conclusions of the administrative law judge as contained in his decision and ordering the respondent to take the recommended action.  Charge filed by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC.

Piggly Wiggly Midwest, LLC (30-CA-067117, et al.) Sheboygan, WI, July 12, 2012.  Amended order adopting the findings and conclusions of the administrative law judge as contained in his decision and ordering the respondent to take recommended action.  Charge filed by United Food & Commercial Workers Union, Local 1473.

Teamsters Local 206 affiliated with the International Brotherhood of Teamsters (36‑CB‑002823) Sandy, OR, July 12, 2012.  Order denying motions – Acting General Counsel’s motion for default judgment and charging party’s motion to disqualify Members Block, Griffin, and Flynn from ruling on this case.  Case is remanded to the region for further appropriate action.  Charge filed by an individual.  Chairman Pearce and Members Griffin and Block participated.

Tricont Trucking Company (04-CA-037945, et al.) Eddystone, PA, July 12, 2012.  Order adopting the findings and conclusions of the administrative law judge as contained in his decision and ordering the respondent to take recommended action.  Charges filed by Teamsters, Local 107 a/w International Brotherhood of Teamsters.

New York Air Brake Corporation (03-CA-028158, et al.) Watertown, NY, July 12, 2012.  Order adopting the findings and conclusions of the administrative law judge as contained in his decision and ordering the respondent to take recommended action.  Charges filed by International Association of Machinists and Aerospace Workers, AFL-CIO, District Lodge 65, Local Lodge 761.

International Longshoremen’s Association, Local 1242, AFL-CIO (Philadelphia Marine Trade Association) (04-CB-065887) Philadelphia, PA, July 12, 2012.  Order adopting the findings and conclusions of the administrative law judge as contained in his decision and ordering the respondent to take recommended action.  Charge filed by an individual.

Open Door Retail Group, Inc. (16-CA-028083) Houston, TX, July 13, 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 an individual.

Proppant Specialist, LLC (30-CA-082116) Tomah, WI, July 13, 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 International Union of Operating Engineers, Local 139, AFL-CIO.

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Appellate Court Decisions

Gally v. NLRB (International Union, UAW), Board Case No. 34-CB-02631 (reported at 356 NLRB No. 164) (2d Cir. decided July 12, 2012)

In an unpublished summary order, the Court dismissed the charging parties' petition for review on jurisdictional grounds.

The Board had found that the UAW's policy requiring Beck objectors to file renewals annually did not violate its duty of fair representation, primarily because it imposed only a de minimis burden on objectors and allowed them to file objections at any time.  The two charging parties filed a petition for review of the Board's order.  During briefing, however, it became clear that the union no longer represented either of them, and, therefore, they were no longer subject to the annual renewal policy.  Nor did either charging party have any financial harm, as one never had his objector status changed despite the annual renewal requirement, and the union reimbursed the other for any withheld non-chargeable dues.

Under these facts, the Court found petitioners' claim moot.  As it explained, "'a case that is live at the outset may become moot when it becomes impossible for the courts, through the exercise of their remedial powers, to do anything to redress the injury.'" Slip op. at 3 (quoting Cook v. Colgate University, 992 F.2d 17, 19 (2d Cir. 1993)).  Given that neither charging party had any redressable injury—and that they could not obtain standing by asserting the rights of third parties—the Court dismissed the case.  In doing so, it found that the charging parties could not maintain their action by asserting a request for reimbursement of postage costs because they had not properly asked the Board first for that remedy.

The Court's order is available here. 

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Decisions of Administrative Law Judges

California Nurses Association National Nurses Organizing Committee (31‑CB‑012913; JD(SF)‑34‑12) State of CA.  Charge filed by Henry Mayo Newhall Memorial Hospital.  Administrative Law Judge Mary Miller Cracraft issued her decision on July 9, 2012.

AK Steel Corporation (06-CA-062501; JD-37-12) Butler, PA.  Charge filed by United Auto Workers, Local 3303 a/w United Automobile, Aerospace, Agricultural and Implement Workers of America.  Administrative Law Judge David I. Goldman issued his decision on July 10, 2012. 

Hitachi Capital America Corp. (34-CA-013011; JD(NY)‑20‑12) Norwalk, CT.  Charge filed by an individual.  Administrative Law Judge Mindy E. Landow issued her decision on July 11, 2012.

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