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Summary of NLRB Decisions for Week of June 10-14, 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

 Communications Workers of America and Communications Workers of America, Local 4309 (AT&T Teleholdings, Inc. d/b/a AT&T Midwest and the Ohio Bell Telephone Company)  (08-CB-010487, 359 NLRB No. 131) Cleveland, OH, June 10, 2013.

The Board found that the respondents violated their duty of fair representation by requiring employees they represent who are not union members and who seek objector status under Communications Workers of America v. Beck to assert their objection on an annual basis.  The Board agreed with the judge’s finding that the burden imposed on objectors by the annual renewal requirement was more than de minimis and that the respondents had failed to present a legitimate justification for the requirement.  Because the respondents failed to articulate a legitimate justification for the burden the annual renewal requirement imposed on objectors, the Board concluded that the respondents acted arbitrarily in violation of their duty of fair representation and in violation of Section 8(b)(1)(A) of the Act.

The Board applied prospective remedial relief only, consistent with its decision in its lead annual renewal requirement decision, Machinists Local 2777 (L-3 Communications), 355 NLRB 1062 (2010), and hence ordered the respondents to rescind the unlawful requirement and publish a lawful policy. The Board declined the charging party’s request for a make-whole remedy as inconsistent with L-3 Communications.  The Board deferred to the compliance stage of the proceedings the effect on the respondents’ remedial obligations, if any, of the respondents’ assertion that they have already rescinded the unlawful policy.

Charge filed by an individual.  Administrative Law Judge John T. Clark issued his decision on September 17, 2012.  Members Griffin and Block participated.  Chairman Pearce, who was a member of the panel, recused himself and took no part in the consideration of this case.

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Quantum Hotels, LLC; Metropolitan Lodging, LLC; and Wick Road Hotel Management, LLC, alter egos d/b/a The Metropolitan Hotel, Romulus (07-CA-090429; 359 NLRB No. 132) Romulus, MI, June 11, 2013.

The Board granted the Acting General Counsel’s motion for default judgment in this unfair labor practice proceeding, on the ground that the respondent withdrew its answers to the complaint and compliance specification.  In the absence of these answers, the Board deemed the allegations to be true, and ordered that the respondent cease and desist from its unlawful conduct.  The respondent was further ordered to bargain with the union over the effects of its decision to close its facility; pay the unit employees their normal wages for a two-week period; make the employees whole for the respondent’s failure to pay them accrued vacation pay, accrued personal days, and 3 days’ wages in lieu of proper layoff notification, and for using nonunit workers to perform unit work.  In addition, the respondent was ordered to rescind a letter sent to employees in which the respondent bypassed the union and dealt directly with the employees by requesting that they enter into an agreement that could waive their rights to matters pending before the Board.

The Board denied default judgment on an allegation that the respondent violated the Act by failing to bargain over its decision to close its Romulus facility, finding that the allegation did not support a cause of action.  This allegation was remanded for further appropriate action. 

Charge filed by Local 24, UNITE HERE!, AFL-CIO.  Chairman Pearce and Members Griffin and Block participated.

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Relco Locomotives, Inc. (18-CA-074960, 359 NLRB No. 133) Albia, IA, June 12, 2013.

The Board affirmed the administrative law judge’s findings that the respondent violated Section 8(a)(1) of the Act by coercively questioning two employees about their union activities, instructing employees not to distribute union authorization cards on company time, soliciting employee grievances with the implied promise of remedying those complaints, and maintaining a distribution and solicitation policy requiring employees to seek authorization from management before engaging in any distribution or solicitation during nonwork time and in nonwork areas.  The Board also affirmed the administrative law judge’s findings that the respondent violated Section 8(a)(3) and (1) of the Act by discharging two employees because they engaged in union activities.  Because this was the third case in two years in which the Board found that the respondent had committed several violations of the Act, the Board amended the administrative law judge’s remedy and issued a broad cease-and-desist order that requires the respondent to cease and desist from violating the Act “in any other manner.”  In addition, the Board found that the respondent’s violations of the Act were “sufficiently serious and pervasive” to require either a management official of the respondent—or a Board agent in the presence of a management official of the respondent—to read aloud to its employees the attached notice to the Board’s Order.

Charge filed by International Brotherhood of Electrical Workers, AFL-CIO, Local 347.  Administrative Law Judge Eric M. Fine issued his decision on September 25, 2012.  Chairman Pearce and Members Griffin and Block participated.

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Sodexo America LLC (21-CA-039086 et al.; 359 NLRB No. 135) Los Angeles, CA, June 13, 2013.

The Board affirmed the administrative law judge’s decision on remand, which found that Respondent Keck Hospital of USC violated Section 8(a)(1) of the Act by disciplining four employees who violated an unlawfully broad work rule when they entered the hospital to engage in activities implicating the concerns underlying Section 7 of the Act.  The Board further rejected the hospital’s request for a stay pursuant to a stay ordered by the Court of the Appeals on review of the underlying case (358 NLRB No. 79, finding that the Respondents maintained an unlawfully broad work rule and remanding a discipline issue to the administrative law judge), finding that the Board retained jurisdiction over the allegations remanded to the administrative law judge.

Charges filed by Service Workers United, the National Union of Healthcare Workers, and an individual.  Administrative Law Judge William G. Kocol issued his decision on January 18, 2013.  Chairman Pearce and Members Griffin and Block participated.

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Park Avenue Investments, LLC and Hotel Management Advisors-Troy, LLC d/b/a The Metropolitan Group and The Metro Hotel-Troy (07-CA-090297; 359 NLRB No. 134) Troy, MI, June 13, 2013.

The Board granted the Acting General Counsel’s motion for default judgment in this unfair labor practice proceeding, on the ground that the respondents failed to file an answer to the consolidated complaint and compliance specification.  In the absence of these answers, the Board deemed the allegations to be true, and ordered that the respondent cease and desist from its unlawful conduct.  The respondent was further ordered to rescind its discriminatory discipline and discharges, as well as its unilateral changes to employees’ working conditions; to make the employees whole for sending them home early, reducing their work hours and discharging them, and to furnish the union with requested information.

Charge filed by Local 4, UNITE HERE!, AFL-CIO.  Chairman Pearce and Members Griffin and Block participated.

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 Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

 R Cases

Schwarz Partners Packaging, LLC, d/b/a MaxPak (12-RC-073852) Lakeland, FL, June 11, 2013.  Rescinded order that issued June 7, 2013.

New Best Fruit Market, Inc. (29-RC-098158) Brooklyn, NY, June 11, 2013.  With no exceptions having been filed to the Regional Director’s Report on Objections to an election, the Board remanded the proceedings to the Regional Director for further appropriate action.  Petitioner—Local 338, Retail Wholesale & Department Store Union, United Food and Commercial Workers.

 Dairy Farmers of America (31-RC-103359) Ventura, CA, June 12, 2013.  Order denying Employer’s request for review of the Regional Director’s decision and direction of election.  The Board rejected the employer’s arguments that the Board lacked a quorum, that the Regional Director’s appointment and therefore his decision was invalid, and that the Regional Director lacked the authority to process representation petitions if the Board lacked a quorum.  Petitioner-Teamsters Local Union No. 186.  Chairman Pearce and Members Griffin and Block participating.

Paragon Restoration Corporation (22-RC-101576) Kenliworth, NJ, June 12, 2013.  Order denying Employer’s request for review of the Regional Director’s decision and direction of election.  Petitioner – New Jersey Building Construction Laborers District Council.  Chairman Pearce and Members Griffin and Block participated.

Peacock Productions of NBC Universal Media, LLC (02-RC-092111) New York, NY, June 12, 2013.  Order granting employer's request for review on the grounds that there are substantial issues with regard to the supervisory status of producers in the proposed unit.  Order also rejected the employer’s arguments that the Board lacks a valid quorum, and that the Regional Director lacked authority to process the petition.  Petitioner – Writers Guild of America East, Inc.  Chairman Pearce and Members Griffin and Block participated.

Manor at St. Luke Village Facility Operations, LLC d/b/a The Manor at St. Luke Village and The Pavilion at St. Luke Village Facility Operations LLC d/b/a The Pavilion at St. Luke Village (04-RC-101711) Hazelton, PA, June 13, 2013.  Order denying Employer’s request for review of Regional Director’s decision and direction of election.  Also denying Employer’s request to dismiss or stay the proceeding.  Petitioner - AFSCME, District Council 87.  Chairman Pearce and Members Griffin and Block participated.

Express Messenger Systems, Inc. d/b/a Ontrac, Inc. (28-RC-098900) Las Vegas, NV, June 14, 2013.  With no exceptions having been filed to the hearing officer’s report on objections to an election, the Board determined that Teamsters, Chauffeurs, Warehousemen and Helpers, Local 63, affiliated with the International Brotherhood of Teamsters is not the exclusive collective-bargaining representative of the bargaining unit employees and certified the results of the election.  Petitioner – Teamsters, Chauffeurs, Warehousemen and Helpers, Local 631, affiliated with the International Brotherhood of Teamsters.

C Cases

Latino Express, Inc. (13-CA-077678, et al.) Chicago, IL, June 11, 2013.  Order denying motions to dismiss the consolidated complaint and stay the proceedings.  Charges filed by Teamsters Local Union No. 777 affiliated with the International Brotherhood of Teamsters, AFL-CIO.  Chairman Pearce and Members Griffin and Block participated.

Indiana Fire Sprinkler and Backflow, Inc. (25-CA-088505) Ft. Wayne, IN, June 11, 2013.  Order correcting the correct case number for the representation proceeding to 25-RC-085303.

Oak Terrace Healthcare Center, Inc. (25-CA-089819) Springfield, IL, June 14, 2013.  With no exceptions having been filed, the Board adopts the findings and conclusions of the Administrative Law Judge.  Charge filed by an individual.

Western Refining Wholesale, Inc. and affiliate of Western Refining, Inc. (28-CA-067703) Albuquerque, NM, June 14, 2013.  With no exceptions having been filed, the Board adopts the findings and conclusions of the Administrative Law Judge.  Charges filed by Chauffeurs, Teamsters and Helpers Local Union 492, International Brotherhood of Teamsters.

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Appellate Court Decisions

No Appellate Court Decisions

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Administrative Law Judge Decisions

FJC Security Services, Inc. (22-RD-083707; JD(NY)-26-13) Floral Park, NJ.  Charge filed by individuals.  Administrative Law Judge Mindy E. Landow issued her decision on June 12, 2013.

Aaron Medical Transportation, Inc. (22-RC-070888; JD(NY)-27-13) Hasbrouck Heights, NJ.  Charge filed by Hudson County Union Local 1 Amalgamated.  Administrative Law Judge Joel P. Biblowitz issued his decision on June 12, 2013.

Southcoast Hospitals Group, Inc. (01-CA-067303; JD(NY)-29-13) Tobey, MA.  Charge filed by 1199 SEIU, United Healthcare Workers East.  Administrative Law Judge Kenneth W. Chu issued his decision on June 12, 2013.

St. Francis Regional Medical Center (18-CA-092542; JD-39-13) Shakopee, MN.  Charge filed by SEIU Healthcare Minnesota.  Administrative Law Judge Melissa M. Olivero issued her decision on June 12, 2013.

Philips Electronics North America Corporation (26-CA-085613; JD(ATL)-16-13) Memphis, TN.  Charge filed by an individual.  Administrative Law Judge Margaret C. Brakebusch issued her decision on June 13, 2013.

Howard Industries, Inc. (15-CA-070830; JD(ATL)-15-13) Laurel, MS.  Charge filed by International Brotherhood of Electrical Workers, Local 1317.  Administrative Law Judge Keltner W. Locke issued his decision on June 13, 2013.

Taft Coal Sales & Associates, Inc. (10-CA-088599, 093022; JD(ATL)-17-13) Birmingham, AL.  Charge filed by United Mine Workers of America, District 20.  Administrative Law Judge Robert A. Ringler issued his decision on June 13, 2013.

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