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Summary of NLRB Decisions for Week of June 3-7, 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

 

Chapin Hill at Red Bank (22-CA-067608, 359 NLRB No. 125) Red Bank, NJ, June 3, 2013.

The Administrative Law Judge found that this case was inappropriate for deferral to arbitration and that Chapin Hill violated the Act by failing and refusing to meet and bargain with the Union to replace a contractual pension plan that became unavailable to bargaining unit employees. The Board agreed that the case was inappropriate for deferral.  It remanded the case to the judge for consideration of the relevance of its decision in Cofire Paving Corp., 359 NLRB No. 10 (Sept. 28, 2012), to the remaining issues, since that case that specifically addresses an employer’s notice and bargaining obligations when faced with the discontinuation of existing benefits owing to circumstances beyond the employer’s control. In so doing, it also permitted the judge to allow the parties to file briefs on the remanded issues and, if warranted, reopen the record to obtain evidence relevant to deciding those issues.

Charges filed by Local 707, Health Employees Alliance Rights and Trades. Administrative Law Judge Mindy E. Landow issued her decision on September 7, 2012. Chairman Pearce and Members Griffin and Block participated.

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Sanitation Salvage (02-RC-070804; 359 NLRB No. 130) Bronx, NY, June 5, 2013.

The Board adopted the hearing officer’s findings that an employee of the employer was an agent of the employer and that the employer engaged in objectionable conduct by telling an employee that the employer would reduce employees’ overtime if the petitioner won the election, threatening two employees with job loss in retaliation for support of the petitioner, creating the impression that employees’ union activities were under surveillance, and conveying the impression that voting for the petitioner would be futile.  Contrary to the hearing officer, however, the Board found that the objectionable conduct did not affect the outcome of the election because it reached too few employees.  The Board issued a certification of representative to the intervenor, Recycling, Airport, and Industrial Services Employees Union, Local 124, which was the incumbent bargaining representative and winner of the election.

Petition filed by Waste Material, Recycling and General Industrial Laborers, Local 108.  Chairman Pearce and Members Griffin and Block participated.

 

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

 

R Cases

 

A & B HVAC Services, Inc. (22-RC-089630) Somerset, NJ, June 3, 2013.  With no exceptions having been filed, the Board adopted the Regional Director’s findings and recommendations, and remanded the case to the Regional Director for further appropriate action consistent with his report on objections and challenged ballots.  Petitioner -- Sheet Metal Workers Local Union 5.

 

Union Fire Association of Lower Merion (04-RC-101825) Lower Merion, PA, June 5, 2013.  Order granting employer's request for special permission to appeal the Regional Director's decision to direct a manual election, and denying the appeal because the employer did not show that the Regional Director abused his discretion.  Petitioner – Pennsylvania Professional Fire Fighters Association, a/w International Association of Fire Fighters, AFL-CIO.  Chairman Pearce and Members Griffin and Block participated.

 

Belmont Hills Fire Company (04-RC-101803) Lower Merion, PA, June 5, 2013.  Order granting employer's request for special permission to appeal the Regional Director's decision to direct a manual election, and denying the appeal because the employer did not show that the Regional Director abused his discretion.  Petitioner – Pennsylvania Professional Fire Fighters Association, a/w International Association of Fire Fighters, AFL-CIO.  Chairman Pearce and Members Griffin and Block participated.

 

Merion Fire Company of Ardmore (04-RC-101798) Lower Merion, PA, June 5, 2013.  Order granting employer's request for special permission to appeal the Regional Director's decision to direct a manual election, and denying the appeal because the employer did not show that the Regional Director abused his discretion.  Petitioner – Pennsylvania Professional Fire Fighters Association, a/w International Association of Fire Fighters, AFL-CIO.  Chairman Pearce and Members Griffin and Block participated.

 

Bryn Mawr Fire Company (04-RC-101806) Lower Merion, PA, June 5, 2013.  Order granting employer's request for special permission to appeal the Regional Director's decision to direct a manual election, and denying the appeal because the employer did not show that the Regional Director abused his discretion.  Petitioner – Pennsylvania Professional Fire Fighters Association, a/w International Association of Fire Fighters, AFL-CIO.  Chairman Pearce and Members Griffin and Block participated.

 

Penn Wynne Overbrook Hills Fire Company (04-RC-101812) Lower Merion, PA, June 5, 2013.  Order granting employer's request for special permission to appeal the Regional Director's decision to direct a manual election, and denying the appeal because the employer did not show that the Regional Director abused his discretion.  Petitioner – Pennsylvania Professional Fire Fighters Association, a/w International Association of Fire Fighters, AFL-CIO.  Chairman Pearce and Members Griffin and Block participated.

 

Schwarz Partners Packaging, LLC d/b/a MaxPak (12-RC-073852) Lakeland, FL, June 7, 2013.  With no exceptions having been filed, the Board directed the Regional Director to open and  count the challenged ballots of two employees, and issue a revised tally or direct a second election, if necessary.

 

C Cases

 

Corinthian Contractors, Inc. (05-CA-095938) Washington, DC, June 3, 2013.  Order denying respondent’s request for special permission to appeal from the Administrative Law Judge’s Order denying respondent’s motion to stay proceedings.  Charges filed by Construction and General Laborers’ Local 657 a/w Laborers’ International Union of North America.  Chairman Pearce and Members Griffin and Block participated.

 

Hanson Aggregates Inc. (04-CA-037998) Penns Park, PA, June 3, 2013.  Order approving a formal settlement stipulation between the employer and the Acting General Counsel, and specifying actions the employer must take to comply with the National Labor Relations Act.  Charges filed by International Union of Operating Engineers Local 542, AFL-CIO, which refused to enter into the formal settlement agreement.  Chairman Pearce and Member Block participated.  Member Griffin was recused and did not participate in the consideration of this case.

 

Hyundai Power Transformers (15-CA-090828) Montgomery, AL, June 3, 2013.  Order denying motions to dismiss consolidated complaint and original complaint for lack of jurisdiction on the ground that the Board lacks a valid quorum.  Charge filed by an individual.  Chairman Pearce and Members Griffin and Block participated.

 

American Medical Response (20-RC-102329) Burlingame, CA, June 7, 2013.  Order denying the intervenor’s request for review of the Regional Director’s decision and direction of election.  Petition filed by International Association of Fire Fighters, Local 2400.  Chairman Pearce and Members Griffin and Block participated.

 

Michigan State Employees Association d/b/a American Federation of State County 5 MI Loc Michigan State Emps Assoc., AFL-CIO (07-CA-053541) Lansing, MI, June 7, 2013.  Order granting the Acting General Counsel’s motion to strike an attachment to the respondent’s brief in support of exceptions to the decision of the Administrative Law Judge.  Charges filed by Central Office Staff Association (COSA). 

 

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 Appellate Court Decisions

No Appellate Court Decisions

 

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Administrative Law Judge Decisions

 

Mastec Services Company, Inc. (16-CA-086102, JD(NY)-25-13) Dallas, TX.  Charge filed by an individual.  Administrative Law Judge Joel P. Biblowitz issued his decision on June 3, 2013.

 

McKenzie-Willamette Regional Medical Center Associates, LLC d/b/a McKenzie-Willamette Medical Center (19-CA-077096, JD(SF)-26-13) Springfield, OR.  Charge filed by Service Employees International Union Local 49, CTW-CLC.  Administrative Law Judge Gerald M. Etchingham issued his decision on June 3, 2013.

 

American Red Cross Blood Services, Western Lake Erie Region (08-CA-090132; JD-38-13) Toledo, OH.  Charge filed by The United Food and Commercial Workers Union, Local 75.  Administrative Law Judge Mark Carissimi issued his decision on June 4, 2013.

 

Allservice Plumbing and Maintenance, Inc. (15-CA-019433; JD-33-13) Baton Rouge, LA.  Erratum.

 

Stephens Media, LLC, d/b/a Hawaii Tribune Herald (37-CA-007043; JD(SF)-27-13) Honolulu, HI.  Charge filed by Pacific Media Workers Guild, Local 39521, The Newspaper Guild—Communications Workers of America, AFL-CIO.  Administrative Law Judge Jeffrey D. Wedekind issued his decision on June 6, 2013.

 

Regency Heritage Nursing & Rehabilitation Center (22-CA-074343; JD(NY)-24-13) Somerset, NJ.  Charge filed by 1199 SEIU, United Healthcare Workers East, New Jersey Region.  Administrative Law Judge Steven Fish issued his decision on June 6, 2013.

 

Remington Lodging & Hospitality, LLC, d/b/a The Sheraton Anchorage (19-CA-032599; JD(SF)-22-13) Anchorage, AK.  Charge filed by Unite-Here! Local 878.  Administrative Law Judge John J. McCarrick issued his decision on June 6, 2013.

 

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