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Summary of NLRB Decisions for the Week of June 11-15, 2012

The Summary of NLRB Decisionsis 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 Decision

TD Barton Foods, LLC d/b/a C-Town Supermarket (01-CA-061241, et al.; 358 NLRB No. 56) Pawtucket, RI, June 13, 2012.

The Board adopted pro forma the administrative law judge’s decision finding that the Respondent committed various violations of Sections 8(a)(3) and (5) of the Act.  The decision also corrected the judge’s inadvertent failure to include a remedy for his finding that the Respondent had violated Section 8(a)(5) and (1) by unilaterally reducing unit employees’ work hours. 

Charges filed by United Food and Commercial Workers Union, Local 328, AFL-CIO, CLC.  Administrative Law Judge Robert A. Ringler issued his decision on March 7, 2012.  Members Hayes, Griffin, and Block participated.       

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Road Works, Inc. (21-RC-021306; 358 NLRB No. 60) Pomona, CA, June 14, 2012.

The Board unanimously reversed the hearing officer’s decision that an employee quit his employment with the employer, Road Works, Inc., before the election’s eligibility period.  The Board found that the petitioner did not meet its burden of proving that the employee was ineligible to vote.  Specifically, the evidence did not clearly and unambiguously show that the employee intended to quit before the election, the hearing officer relied on several unsupported findings, and the hearing officer’s remaining findings did not prove that the employee quit.  Finally, the Board considered his inquiries to the employer about a specific project, his expressed interest in resuming work on that project, and mutually corroborative testimony denying that he quit. 

Charge filed by Southern California District Council of Laborers and its affiliated Local Laborers International Union of North America, Local 1184.  Hearing Officer John J. Hatem issued his decision on December 16, 2011.  Chairman Pearce and Members Hayes and Block participated.

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Hyundai Rotem USA Corp. and Aerotek, Inc., joint employers (04-CA-037657; 358 NLRB No. 59) Philadelphia, PA, June 14, 2012.

In the absence of exceptions, the Board adopted the administrative law judge’s finding that a confidentiality provision in the employers’ employment agreement violated Section 8(a)(1).  In addition, the Board found that the employment agreement suggested that it was used by respondent Aerotek outside the area at issue in the case.  Therefore, the Board ordered respondent Aerotek to mail a copy of the notice to employees who were required to sign an employment agreement containing the unlawful confidentiality provision.  The Board left the determination of whether there are affected employees outside the area at issue to the compliance stage of proceedings.

Charge filed by Transport Workers Union of Philadelphia, Local 234.  Administrative Law Judge John T. Clark issued his decision on September 9, 2011.  Chairman Pearce and Members Hayes and Block participated.

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Des Moines Cold Storage, Inc. (18-CA-019653; 358 NLRB No. 58) Des Moines, IA, June 15, 2012.

The Board unanimously affirmed the administrative law judge’s findings that the respondent unlawfully (1) bypassed the union and dealt directly with unit employees regarding their health insurance benefits; (2) modified the terms of the parties’ collective-bargaining agreement without the union’s consent; and (3) failed and refused to provide the union with requested information in a timely manner.  The Board found it unnecessary to pass on whether the respondent’s modifications of the unit employees’ health insurance benefits also constituted a unilateral change violation.

Charge filed by General Team and Truck Drivers, Helpers and Warehousemen, Local 90.  Administrative Law Judge Earl E. Shamwell, Jr. issued his decision on August 17, 2011.  Members Hayes, Griffin, and Block participated.

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Diversified Enterprises, Inc. (9-CA-43110; 358 NLRB No. 48) Mount Hope, WV, June 11, 2012.

The Board granted the General Counsel’s motion for summary judgment finding that the respondent failed to file an adequate answer to the compliance specification issued by the Regional Director.  Specifically, the Board found that the respondent’s general denial failed to explain or specify the basis for its disagreement with the compliance specification and its affirmative defenses sought to relitigate matters decided in the underlying unfair labor practice proceeding.  (In the underlying decision, the Board adopted the administrative law judge’s finding that the respondent violated the Act by unlawfully eliminating certain benefits, including the use of a company truck and gas charge card, of an employee, and ordered the respondent to make him whole.) 

Charge filed by Mid-Atlantic Regional Council of Carpenters West Virginia District, United Brotherhood of Carpenters and Joiners of America.  Chairman Pearce and Members Griffin and Block participated.

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Meredith Corporation (17-CA-077656; 358 NLRB No. 57) Fairway, KS, June 14, 2012.

This is a refusal-to-bargain case in which the respondent was contesting the union’s certification as bargaining representative.  The Board granted the General Counsel’s motion for summary judgment finding that the respondent failed and refused to recognize and bargain with SAG-AFTRA, Kansas City Local as the exclusive collective-bargaining representative of the news producers in the bargaining unit.  Having found that the respondent violated the Act, the Board ordered it to cease and desist, to bargain on request with the union and, if an understanding is reached, to embody the understanding in a signed agreement.

Charge filed by Screen Actors Guild (SAG)-American Federation of Television and Radio Artists (AFTRA), Kansas City Local.  Chairman Pearce and Members Hayes and Griffin participated.

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El Paso Healthcare System, Ltd. d/b/a Las Palmas Medical Center (28-CA-023368; 358 NLRB No. 54) June 15, 2012. 

Summary not available. It will be included in next week’s Summary of NLRB Decisions.

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New Vista Nursing and Rehabilitation, LLC (22-CA-029845; 358 NLRB No. 55) June 15, 2012.

Summary not available. It will be included in next week’s Summary of NLRB Decisions.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Block Tops, Inc. (21-RC-075974) Anaheim, CA, June 12, 2012.   Decision and certification of results of election.  Petitioner – Glass, Molders, Pottery, Plastics & Allied Workers, AFL‑CIO, CLC, G.M.P., Local 137.

Hospital Espanol de Auxilio Mutuo de Puerto Rico, Inc. (24-RC-074621) San Juan, PR, June 12, 2012.  Decision and order remanding case to the Regional Director for a hearing on the outstanding objections and the issuance of a supplemental report.  Petitioner – Unidad Laboral de Enfermeras (OS) Y Empleados de La Salud.  Chairman Pearce and Members Griffin and Block participated.

Meredith Corporation / WFSB-TV (34-UC-000143) Rocky Hill, CT, June 13, 2012.  Order denying NABET’s request for review of the Regional Director’s decision and order clarifying units.  Petitioner – National Association of Broadcast Employees and Technicians, CWA, AFL‑CIO.  Chairman Pearce and Members Griffin and Block participated.

Transcare New York, Inc., 911 Div. (29-RC-072936) Brooklyn, NY, June 14, 2012.  Decision and certification of results of election.  Petitioner – Local 805, International Brotherhood of Teamsters.

The American Bottling Company, Inc., d/b/a Dr. Pepper Snapple Group (08‑RC‑017064) Twinsburg, OH, June 14, 2012.  Order denying intervenor’s request for review of the Regional Director’s decision and direction of election.  Joint Petitioners – Teamsters, Locals 293 and 1164, a/w The International Brotherhood of Teamsters.  Chairman Pearce and Members Griffin and Block participated.

C Cases

Pointing Plus, Inc. (05-CA-072371, et al.) Washington, DC, June 11, 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 individuals.

590-600 Realty Corp. (29-CA-065971) Hempstead, NY, June 13, 2012.  Order adopting the findings and conclusions of the administrative law judge’s decision and ordering the respondent to take the recommended action.  Charge filed by Service Employees International Union, Local 32BJ.

Atomic Projects and Production Workers Metal Trades Council, AFL-CIO (28‑CB‑073556) Albuquerque, NM, June 15, 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 Sandia Corporation d/b/a Sandia National Laboratories.

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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

D & J Ambulette Service, Inc. (02-CA-040254; JD(NY)-18-12) Bronx, NY.  Charge filed by individuals.  Administrative Law Judge Raymond P. Green issued his decision on June 12, 2012.

Titan Tire Corporation of Bryan (Ohio) and Titan Tire Corporation of Freeport (Illinois) (13‑CA‑046757; JD‑32‑12) Des Moines, IL.  Charge filed by United Steel, Paper & Forestry, Rubber, Manufacturing Energy, Allied Industrial & Service Workers International Union, AFL‑CIO, CLC.  Administrative Law Judge Geoffrey Carter issued his decision on June 12, 2012.

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