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Summary of NLRB Decisions for the Week of March 14-18, 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

J.T. Thorpe & Son, Inc.(27-CA-21099 et al.; 356 NLRB No. 112), Salt Lake City, UT, March 17, 2011. 

The Board found that the employer, a construction company, and the union had converted their bargaining relationship from a Section 8(f) relationship – which allows unions and employers in the construction industry to enter into collective bargaining agreements without a showing of majority support with the understanding that the relationship ends with the contract -- into a standard Section 9(a) relationship through a show of signed cards, as called for in the initial contract. The standard Section 9(a) relationship requires a show of majority support and, after the expiration of a contract, the union retains its representative status and the employer remains obligated to bargain. The Board found that because of this conversion, the employer violated the Act by withdrawing recognition, refusing to bargain with the union, and subsequently changing the bargaining unit employees' terms of employment. The Board also found that the employer violated the Act by recognizing a different union as the bargaining unit's bargaining representative.

The charges were filed by Laborers International Union of North America, Local 295.  Chairman Liebman and Members Pearce and Hayes participated. Administrative Law judge William L. Schmidt issued his decision on February 26, 2010.

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Mashantucket Pequot Gaming Enterprise d/b/a Foxwoods Resort Casino(34-RC-02392; 356 NLRB No. 111), Norwich, CT, March 17, 2011.

The Board found that various statements made by the United Food and Commercial Workers Union Local 37, its agents, and supporters in the course of an election campaign were relevant to the campaign and did not seek to create or inflame racial prejudice toward Native Americans among the voters.  Accordingly, the Board overruled the employer’s objections and certified the union as the employees’ collective-bargaining representative. 

Objections were filed by the employer. Chairman Liebman and Members Becker and Pearce participated. Administrative Law Judge Raymond P. Green (sitting as Hearing Officer) issued his decision on November 3, 2010. 

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Atlantic Scaffolding Company(16-CA-26108; 356 NLRB No. 113) LaPorte, TX, March 18, 2011.

The Board reversed the administrative law judge to find that the employer violated the Act by discharging employees who participated in a protected on-site work stoppage over a pay raise. 

The charge was filed by the United Brotherhood of Carpenters and Joiners of America, Local 502.  Chairman Liebman and Members Pearce and Hayes participated.  Administrative Law Judge Margaret G. Brakebusch issued her decision on October 5, 2009. 

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Buonadonna Shoprite, LLC(29-CA-29720; 356 NLRB No. 115) Bayshore and West Babylon, NY, March 18, 2011.

The Board found that the employer did not violate Section 8(a)(1) the Act by denying an employee’s request to be represented by the union representative of his choosing during an "investigatory interview" and then suspending the employee because he refused to submit to the interview.  Although the requested representative was not available, another union representative was present at the time of the interview.  The Board also reversed, on due process grounds, the judge's finding that the employer violated Act by denying the employee’s request to telephone his requested representative to seek advice as to whether he should continue with the interview, and suspending him for his refusal to submit to the interview.

The charges were filed by United Food and Commercial Workers Union, Local 1500.  Administrative Law Judge Mindy E. Landow issued her decision on June 3, 2010 Chairman Liebman and Members Pearce and Hayes participated. 

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Decisions of Administrative Law Judges

Spurlino Materials of Indianapolis (25-CA-31565; JD-13-11) Indianapolis, IN. Charge filed by Coal, Ice, Building Material, Supply Drivers, Riggers, Heavy Haulers, Warehousemen and Helpers, Local Union No. 716, a/w International Brotherhood of Chauffeurs, Teamsters, Warehousemen and Helpers of America. Administrative Law Judge Jeffrey D. Wedekind issued his decision on March 15, 2011.

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PennsylvaniaState Corrections Officers Association (04-CA-37648, JD-11-11) Harrisburg, PA. Charge filed by Business Agents Representing State Union Employees Association. Administrative Law Judge Robert A. Giannasi issued his decision on March 17, 2011. Erratum filed March 18, 2011. 

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Contemporary Cars Inc., d/b/a Mercedes-Benz of Orlando, Inc., and Autonation, Inc., Single and Joint Employers (12-CA-26126 et al.; JD(Atl)-06-11) Maitland, FL. Charge filed by International Association of Machinists and Aerospace Workers, AFL-CIO. Administrative Law Judge George Carson II issued his decision on March 18, 2011. 

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Appellate Court Decisions

No Appellate Court Decisions were issued this week in cases involving the NLRB.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

DurhamSchoolServices (21-RC-21266) March 14, 2011. Order denying request for review.

Oshman Family JCC (32-RD-01599) March 14, 2011. Order denying request for review.

Specialty Healthcare and Rehabilitation Center of Mobile (15-RC-08773)March 15, 2011. Order modifying briefing schedule and granting extension of time to file supplemental briefs.

Warren Unilube, Inc. (26-RC-08616) March 16, 2011. Decision and Certification of Representative.

Security Consultants Group, Inc. (16-RC-10961) March 17, 2011. Decision and Certification of Representative).

WestHills Health & Rehabilitation Center (31-RC-08826) March 17, 2011. Decision and Certification of Results of Election).

Mental Health Association Inc. (01-RC-22449) March 18, 2011. Order granting the Employer’s motion for recusal of Member Becker.

C Cases

Mammoth Coal Company (09-CA-42057) March 15, 2011. Revised invitation to file briefs. Briefs due on or before 4/05/11. Responsive briefs due on or before 4/19/11.

Land-O-Sun Dairies, LLC (05-CA-36199) March 16, 2011. Order transferring proceeding to the Board and notice to show cause why the Respondent’s and Acting General Counsel’s motions should not be granted. Briefs due on or before 3/30/11.

A.W. Farrell & Son, Inc. (28-CA-22599) March 16, 2011. Order granting joint motion to remand to Region for approval of an informal settlement agreement. 

HowardCounty General Hospital (05-CA-35913) March 17, 2011. Order denying motion to dismiss or for Summary Judgment.

Physicians & Surgeons Ambulance Service, Inc., d/b/a American Medical Response (08-CA-39333) March 17, 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 March 31, 2011.

Cincinnati Sportservice, Inc. (Sportservcice, d/b/a Great American Ball Park) (09-CA-45165) March 17, 2011. Order granting motion to remand to RD pursuant to an Informal Settlement Agreement.

 

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