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Summary of NLRB Decisions for the Week of May 29 - June 1, 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

Communications Workers of America, Local 13000 (04-CA-038123; 358 NLRB No. 50) Philadelphia, PA, June 1, 2012. 

The Board adopted the administrative law judge’s finding that Communications Workers of America, Local 13000, AFL-CIO, violated the Act by attempting to have another employer, Communications Workers of America, District 13, AFL-CIO, terminate an employee because that employee appeared at a separate Board proceeding to testify and sought newspaper coverage for that hearing.  The Board noted that, even if the employee’s efforts to seek publicity for the hearing were not concerted, Local 13000 believed that she was assisting her staff union when it sought her termination.  The Board also adopted the judge’s finding that Local 13000 violated the Act by sending an email notifying other employees that it was attempting to have the employee discharged.     

Charge filed by an individual.  Administrative Law Judge Joel P. Biblowitz issued his decision on December 16, 2011.  Members Hayes, Griffin, and Block participated.    

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Sands Bethworks Gaming, LLC d/b/a Sands Casino Resort Bethlehem (04-CA-076289; 358 NLRB No. 49) Bethlehem, PA, May 30, 2012.

This is a refusal-to-bargain case in which the respondent was contesting the union’s certification as bargaining representative.  The Board ordered the respondent to cease and desist from failing and refusing to recognize and bargain with the union as the exclusive collective-bargaining representative of the employees in the bargaining unit; and interfering with, restraining, or coercing employees in the exercise of the rights guaranteed them by the Act.

Charge filed by Law Enforcement Employees Benevolent Association.  Chairman Pearce and Members Hayes and Griffin participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

S & F Market Street Healthcare LLC, A California Limited Liability Company, d/b/a Windsor Convalescent Center of North Long Beach (21-CA-039703) Los Angeles, CA, May 30, 2012.  Order adopting in the absence of exceptions the administrative law judge’s findings and conclusions ordering the respondent to take the recommended action.  Petitioner – SEIU, United Long Term Care Workers, Local 6434.

Home Depot U.S.A., Inc. (20-RC-067144) Colma, CA, May 31, 2012.  Order denying petitioner’s request for review of the Regional Director’s decision and direction of election.  Petitioner – Home Depot Associates Union 1.  Members Hayes, Griffin, and Block participated.

The Neiman Marcus Group, Inc., d/b/a Bergdorf Goodman (02-RC-076954) New York, NY, May 30, 2012.  Order granting the employer’s request for review of the Regional Director’s decision and direction of election.  Petitioner – Local 1102, Retail, Wholesale Department Store Union.  Members Hayes, Griffin, and Block participated.

Morris Richardson d/b/a Latta Road Nursing Home and Morris Richardson d/b/a Latta Road Nursing Home A (03-RD-001590) Rochester, NY, May 31, 2012.  Order denying the union’s request for review of the Regional Director’s supplemental decision and certification of results of election.  Petitioner – an individual and union – 1199 SEIU Health Care Workers East.  Members Hayes, Griffin, and Block participated.

C Cases

Ocean Buffet, LLC (22-CA-030034) Clifton, NJ, May 30, 2012.  Order adopting in the absence of exceptions the administrative law judge’s findings and conclusions ordering the respondent to take the recommended action.  Charge filed by 318 Restaurant Workers Union.

First Student, Inc. (21-CA-039805) Riverside, CA, June 1, 2012.  Order adopting in the absence of exceptions the administrative law judge’s findings and conclusions ordering the respondent to take the recommended action.  Charge filed by United Transportation Union, Local 1496, AFL‑CIO.

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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

Milum Textile Services Co. (28-CA-020898, et al.; JD(SF)-26-12) Phoenix, AZ.  Charges filed by UNITE HERE!  Administrative Law Judge Mary Miller Cracraft issued her decision on May 30, 2012.

General Motors, LLC (07-CA-053570; JD-27-12) Detroit, MI.  Charge filed by an individual.  Administrative Law Judge Ira Sandron issued his decision on May 30, 2012.

Grede II, LLC (11-CA-071297; JD(ATL)-14-12) Biscoe, NC.  Charge filed by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC.  Administrative Law Judge George Carson II issued his decision on May 31, 2012.

Tricont Trucking Company (04-CA-037945, et al.; JD-28-12) Eddystone, PA.  Charges filed by Teamsters, Local 107 a/w International Brotherhood of Teamsters.  Administrative Law Judge Jeffrey D. Wedekind issued his decision on June 1, 2012.

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