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Summary of NLRB Decisions for the Week of June 6-10, 2011

The Weekly Summary 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

Sunrise Mountainview Hospital, Inc. d/b/a Mountainview Hospital, Inc. (28-CA-23061 et al.; 356 NLRB No. 177) Las Vegas, NV, June 6, 2011.

The Board adopted the administrative law judge’s finding that the Employer did not violate the Act by denying an employee’s request for union representation during a meeting with a human resources director, where the employee sought to have his discharge reviewed under the Employer’s dispute resolution process.  The judge found that the employee had no right to union representation because, during the “informative” meeting, the human resources director merely advised the employee of his rights under the Employer’s dispute resolution process.  To that end, the judge found that the human resources director was not involved in the substantive resolution of disputes under the process.  Rather, his role in the process was limited to an administrative one.  

Charges filed by Service Employees International Union, Local 1107.  Administrative Law Judge Gerald A. Wacknov issued his decision on January 19, 2011.  Members Becker, Pearce, and Hayes participated.  

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Décor Group, Inc. (22-CA-29379; 356 NLRB No. 180) Englewood, NJ, June 7, 2011.

The Board adopted the administrative law judge’s findings that the Respondent violated Section 8(a)(5) and (1) by failing to make required health and welfare contributions on behalf of its unit employees following the expiration of the parties’ collective-bargaining agreement.

Charge was filed by the New York New Jersey Regional Joint Board, Workers United, Local 132, SEIU.   Administrative Law Judge Steven Davis issued his decision on December 22, 2010.   Members Becker, Pearce, and Hayes participated.   

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Peregrine Co., Inc. (28-CA-22469; 356 NLRB No. 179) Las Vegas, NV, June 7, 2011.

The Board granted the Acting General Counsel’s motion for default judgment in this unfair labor practice case based on the Respondent’s failure to comply with the informal settlement agreement.

Chairman Liebman and Members Pearce and Hayes participated

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Bobbitt Electrical Service, Inc. (25-CA-31185; 356 NLRB No. 178) Indianapolis, IN, June 7, 2011.

The Board granted the Acting General Counsel’s Motion for Default Judgment based on the Respondent’s failure to file an answer to the compliance specification, and ordered the Respondent to pay backpay to the employee who it had fired.

Charge filed by International Brotherhood of Electrical Workers, Local Union No. 481 a/w International Brotherhood of Electrical Workers. Chairman Liebman and Members Pearce and Hayes participated.

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White Motor Sales d/b/a Fairfield Toyota Fairfield Imports d/b/a Fairfield Toyota (20-CA-35310; 356 NLRB No. 174) Fairfield, CA, June 9, 2011.

Test of Certification: The Board granted the Acting General Counsel’s motion for summary judgment in this unfair labor practice case on the ground that the respondents did not raise any issues that were not, or could not have been, litigated in the underlying representation case in which the union was certified as the bargaining representative.  The Board also ordered the respondents to give the Union information it requested for bargaining. 

Charge filed by Automotive Machinists Lodge No. 1173. Chairman Liebman and Members Becker and Hayes participated.

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Decisions of Administrative Law Judges

Aggregate Industries (28-CA-23220 et al.; JD(SF)-13-11) Las Vegas, NV, Charge filed by Teamsters, Chauffeurs, Warehousemen and Helpers, Local 631, affiliated with International, Brotherhood of Teamsters. Administrative Law Judge Burton Litvack issued his decision on June 6, 2011.

Connecticut Humane Society (34-CA-12557 et al.; JD(NY)-16-11) Newington, CT. Charge filed by International Association of Machinists & Aerospace Workers, AFL-CIO, District Lodge 26. Administrative Law Judge Steven Fish issued his decision on June 8, 2011. 

U.S. Foodservice, Inc. (12-CA-26791; JD(NY)-17-11) Tampa, FL. Charge filed by International Brotherhood of Teamsters, Local 79. Administrative Law Judge Joel P. Biblowitz issued his decision on June 8, 2011.

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Appellate Court Decision

Jackson Hospital Corp. v. NLRB (No. 9-CA-42249 & 355 NLRB No. 129) June 10, 2011. 

The D.C. Circuit granted the Hospital's petition for review and denied the Board's cross-application for enforcement, holding that substantial evidence did not support the Board's finding that protected activity was a factor in the Hospital's indefinite investigatory suspension of the discriminatee. 

The Hospital had placed the discriminatee, an open and vocal union activist, on indefinite suspension after she refused to participate in a meeting in which she inaccurately thought she was entitled to union representation.  Rejecting the Board's theory that the Hospital displayed its antiunion animus by provoking her into insisting on a right that she did not in fact have, the court refused to draw an inference of unlawful intent from a pre-meeting among Hospital managers in which they discussed what how they would proceed if the discriminatee refused to meet with them.  The court further dismissed the Board's disparate impact evidence showing that no other employees had as long an investigatory suspension as the discriminatee here, blaming the suspension's length on the union for failing to reschedule two cancelled meetings to discuss it.  Finding no evidence of discriminatory motive, the court refused to enforce the Board's order.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

ICC Convalescent Corporation d/b/a Imperial Care Center (21-RC-21249) June 7, 2011. Decision and order remanding to Regional Director for further appropriate action.

City of Tustin, CA (21-WH-00021) June 7, 2011. Certification of representative as bona fide under Section 7(b) of the Fair Labor Standards Act of 1938.

Marriott Theatre in Lincolnshire (13-RC-22004) June 9, 2011. Order granting employer and the union motion to remand case to Regional Director for the purpose of opening and counting the ballots of 10 employees.

C Cases

Small Freys Children Center, Inc. (04-CA-37248 et al.) June 6, 2011. Supplemental order on backpay.

ACS/Xerox (12-CA-26970) June 8, 2011. Order denying request to partially revoke subpoena duces tecum B-563394.

B. Fernandez & Hermanos, Inc. (24-CA-11713) June 8, 2011. Order granting petition to revoke subpoena duces tecum B-579026.

B. Fernandez & Hermanos, Inc. (24-CA-11713) June 9, 2011. Order denying petition to revoke subpoena.

New Vista Nursing and Rehabilitation (22-CA-29988) June 10, 2011. Order transferring proceeding to the Board and notice to show cause why the Acting General Counsel’s motion should not be granted. Briefs due on or before June 24, 2011.

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