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Summary of NLRB Decisions for Week of May 20-24, 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

Brusco Tug & Barge, Inc.  (19-CA-096559, 359 NLRB No. 122) Longview, WA, May 20, 2013.

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 International Organization of Masters, Mates, & Pilots ILA, AFL-CIO.  Chairman Pearce and Members Griffin and Block participated.

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Cobalt Coal Corp, Mining, Inc.  (09-CA-092229, et al., 359 NLRB No. 123) Premier, WV, May 24, 2013.

Having found that the respondent had engaged in certain unfair labor practices, the Board ordered it to cease and desist and to take certain affirmative action designed to effectuate the policies of the Act.  Specifically, having found that the respondent violated the Act by refusing to recall and/or assign work to an employee and by sending employees home prior to the completion of their work shift because the employees formed, joined or assisted the union and engaged in concerted activities.

Charges filed by United Mine workers of America, 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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases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

Larkin Street Youth Services  (20-RC-102337) San Francisco, CA, May 17, 2013.  Order granting the employer's request for special permission to appeal the Regional Director's determination to hold an election by mail ballot.  Because the Regional Director did not abuse his discretion, the appeal was denied on the merits.  In its appeal, the employer contended that the Regional Director erred in setting an election date of May 17, 2013 because it was contrary to the May 21, 2013 date contained in the approved stipulated election agreement.  In a letter dated May 7, 2013, the Regional Director corrected the election date to conform to the stipulation.  Petitioner – Service Workers International Union, Local 1021.  Chairman Pearce and Members Griffin and Block participated.

Sears Roebuck & CO.  (27-RD-098712) North Glenn, CO, May 21, 2013.  Order denying the employer’s and petitioner’s requests for review of the Regional Director’s administrative dismissal of the petition as they raised no substantial issues warranting reversal of the Regional Director’s action.  Accordingly, the Regional Director’s dismissal of the petition was affirmed.  Petitioner – an individual.  Chairman Pearce and Members Griffin and Block participated.

Cross Implement, Inc.  (25-RC-100457) Miner, IL, May 21, 2013.  Order denying the employer’s request for review of the Regional Director’s decision and direction of election as it raised no substantial issues warranting review.  Petitioner – United Food and Commercial Workers International Union, Local 536 Change to Win Coalition.  Chairman Pearce and Members Griffin and Block participated.

River City Fire Equipment, d/b/a Fire Safe  (20-RC-085547) West Sacramento, CA, May 22, 2013.  Finding no merit in the employer’s exceptions, the Board adopted the Regional Director’s findings and recommendations and directed the Regional Director to open and count the ballots of two contested employees and to issue a revised tally of ballots.  Petitioner – Road Sprinkler Fitters, Local 669, U.A., AFL-CIO.  Chairman Pearce and Members Griffin and Block participated.

C Cases

H&M International Transportation, Inc.  (22-CA-095095) Jersey City, NJ, May 20, 2013.  Order denying the petition filed by Norfolk Southern Railway Company to revoke subpoena duces tecum.  The Board found that the subpoena sought information relevant to the matter under investigation and described with sufficient particularity the evidence sought.  Further, the Board held that the employer failed to establish any other legal basis for revoking the subpoena.  The Board rejected the employer’s contentions that the Board lacked a quorum and therefore the subpoena was unenforceable as a matter of law.  Charge filed by an individual.  Chairman Pearce and Members Griffin and Block participated.

Rock Solid Creations Landscape & Masonry, Inc. d/b/a Rock Solid Creations  (31‑CA‑066590, et al.) Los Osos, CA, May 20, 2013.  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 Laborers Pacific Southwest Regional Organizing Coalition.

Lee Decorating Corp.  (29-CA-084956) Plainview & Hicksville, NY, May 21, 2013.  With no exceptions having been filed, the Board adopted the findings and conclusions of the administrative law judge’s decision and ordered the respondent to take the recommended action.  Charge filed by an individual.

St. George Theatre Restoration, Inc.  (29-CA-088688) Staten Island, NY, May 21, 2013.  With no exceptions having been filed, the Board adopted the findings and conclusions of the administrative law judge’s decision and recommended that this order become the order of the Board.  Accordingly, the complaint was dismissed.  Charge filed by Theatrical Stage Employee Union, Local One, International Alliance of Theatrical Stage Employees.

MCD Plumbing, Inc. and Michael A. Stachowiak, d/b/a DMS Services and Michael C. Diebold, an individual, and DMS Mechanical Services, LLC  (03‑CA‑076777) Rochester, NY, May 21, 2013.  Order approving a formal settlement stipulation between the parties and specifying actions the employer must take to comply with the National Labor Relations Act.  Charge filed by United Association, Plumbers and Steamfitters, Local 22.  Chairman Pearce and Members Griffin and Block participated.

Conagra Foods, Inc.  (09-CA-062889, et al.) Troy, OH, May 21, 2013.  Order transferring proceeding to the Board and notice to show cause why the Acting General Counsel’s motions should not be granted.  Charges filed by United Food and Commercial Workers Union, Local 75.

Paragon Systems, Inc.  (19-CA-086005) Yelm, WA, May 22, 2013.  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 Security Union of the Northwest.

Amerisave Mortgage Corporation  (10-CA-082519) Atlanta, GA, May 22, 2013.  Order approving stipulation, granting motion, and transferring proceeding to the Board.  The Acting General Counsel, through the Regional Director, issued a complaint and notice of hearing alleging that the respondent had required employees and employment applicants to sign a document titled “Arbitration Agreement” (Agreement) and had thereby maintained and enforced a mandatory arbitration agreement that unlawfully prohibited employees from engaging in protected concerted activities.  The complaint further alleged that employees engaged in concerted activities for the purpose of mutual aid and protection by filing a class action in United States District Court alleging that the respondent violated the Fair Labor Standards Act; the respondent filed a motion to compel arbitration and dismiss collective action; and that by maintaining the motion, the respondent unlawfully prohibited employees from engaging in protected concerted activities and had implemented and enforced a rule or policy that was unlawful under the Act.  Charge filed by an individual. 

Ozburn-Hessey Logistics, LLC  (15-CA-097046) Memphis, TN, May 23, 2013.  Order denying the employer’s petition to revoke subpoena duces tecum.  The subpoena sought information relevant to the matter under investigation and described with sufficient particularity the evidence sought.  Further, the employer failed to establish any other legal basis for revoking the subpoena.  Charge filed by United Steelworkers Union.  Chairman Pearce and Members Griffin and Block participated.

Glyphs Garden, Inc. d/b/a Saigon Grill  (02-CA-040429, et al.) New York, NY, May 24, 2013.  With no exceptions having been filed, the Board adopted the findings and conclusions of the administrative law judge’s decision and ordered the respondent to take the recommended action.  Charges filed by Local 318, Restaurant Workers Union.

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Appellate Court Decisions

No Appellate Court decisions regarding NLRB cases were issued this week.

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Administrative Law Judge Decisions

Kaiser Foundation Hospitals  (31-CA-089178, et al., JD(SF)‑24‑13) Harbor City, CA.  Charges filed by National Union of Healthcare Workers.  Administrative Law Judge Gregory Z. Meyerson issued his decision on May 20, 2013.

Edifice Restoration Contractors, Inc.  (08-CA-090945, JD‑36‑13) Holland, OH.  Charge filed by an individual.  Administrative Law Judge David I. Goldman issued his decision on May 20, 2013.

Encino Medical Center  (31-CA-066945, JD(SF)-23-13) Encino, CA.  Charge filed by SEIU United Healthcare Workers-West.  Administrative Law Judge Gerald A. Wacknov issued his decision on May 21, 2013.

Murtis Taylor Human Services Systems and Alton Hill, an individual  (08‑CA‑061918, et al., JD‑35‑13) Cleveland, OH.  Charges filed by an individual.  Administrative Law Judge Paul Bogas issued his decision on May 21, 2013.

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