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Summary of NLRB Decisions for Week of May 5-9 2014

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

Ethicon, A Johnson & Johnson Co.  (22-CA-089085; 360 NLRB No. 104) Somerville, NJ, May 5, 2014.

The Board adopted the Administrative Law Judge’s finding that the Respondent did not violate Section 8(a)(5) when it refused to provide the Union with information concerning subcontracting, including related labor costs.  In doing so, the Board affirmed the judge’s conclusion that that the Union failed to establish the relevancy of its information request.  Charge filed by Local 630, New York New Jersey Regional Joint Board, Workers United, SEIU.  Administrative Law Judge William Nelson Cates issued his decision on May 28, 2013.  Members Miscimarra, Johnson, and Schiffer participated. 

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Laborers International Union of North America, Local 265 (Henkels & McCoy, Inc.)  (09-CD-116000; 360 NLRB No. 102)  Cincinnati, OH, May 5, 2014.

In this jurisdictional dispute under Section 10(k) of the Act, the Board awarded the work in dispute to employees represented by the Laborers International Union of North America, Local 265, based on the factors of employer preference, area and industry practice, and economy and efficiency of operations.  Charge filed by Henkels & McCoy. Hearing Officer Tamilyn A. Thompson issued her report on December 20, 2013.  Chairman Pearce and Members Johnson and Schiffer participated.

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Seedorff Masonry, Inc.  (25-CA-088910; 360 NLRB No. 107)  Strawberry Point, IA, May 7, 2014.

The Board unanimously adopted the Administrative Law Judge’s finding that the Respondent violated Section 8(a)(5) and (1) of the Act by refusing to abide by the terms of the 2010-2014 collective-bargaining agreement between the Quad Cities Builders Association, Inc. and the Union.  The Board also agreed with the Judge that the Respondent failed to prove a stable one-person unit.  Member Miscimarra, while agreeing with the conclusion, found it unnecessary to draw an adverse inference from the Respondent’s failure to introduce its payroll records into evidence because the evidence suggests that two or more employees performed bargaining-unit work. Charge filed by International Union of Operating Engineers, Local 150, AFL-CIO. Administrative Law Judge Melissa M. Olivero issued her decision on November 19, 2013.  Chairman Pearce and Members Miscimarra and Hirozawa participated

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SW General, Inc. d/b/a Southwest Ambulance  (28-CA-094176; 360 NLRB No. 109)  Mesa, AZ, May 8, 2014. 

A Board panel majority consisting of Chairman Pearce and Member Hirozawa adopted the Administrative Law Judge’s finding that the Respondent violated Section 8(a)(5) and (1) by unilaterally discontinuing bi-annual longevity payments to unit employees after the parties’ collective-bargaining agreement expired.  Member Miscimarra, dissenting, views the contract language as requiring the issuance of longevity payments only when the contract is in effect.  The panel majority also adopted, in the absence of exceptions, the Judge’s finding that the Respondent violated Section 8(a)(1) by informing the Union, after the fact, of its decision to cease issuing longevity payments.  Contrary to his colleagues, Member Miscimarra would not adopt this 8(a)(1) violation finding, on the grounds that the complaint did not allege an 8(a)(1) violation based on such a statement, the complaint was not amended at the hearing to allege such a violation, and the parties did not litigate this issue.  Charge filed by International Association of Fire Fighters Local I-60, AFL-CIO. Administrative Law Judge Donna N. Dawson issued her decision on August 8, 2013. Chairman Pearce and Members Miscimarra and Hirozawa participated.

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Washington Hospital Center Corporation d/b/a Medstar Washington Hospital Center  (05-CA-095883; 360 NLRB No. 103)  Washington, DC, May 9, 2014.  

The Board affirmed the judge’s finding that the Respondent violated Section 8(a)(5) by failing to provide the Union with requested non-confidential information.  Member Johnson found reports of peer review bodies to be confidential based on a District of Columbia statute designating them as confidential, but found that the Respondent still violated Section 8(a)(5) by failing to engage in accommodative bargaining concerning the reports.  Administrative Law Judge Arthur J. Amchan issued his decision on September 11, 2013.  Charges filed by National Nurses United.  Chairman Pearce and Members Johnson and Schiffer participated.

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Durham School Services, L.P.  (15-RC-096096; 360 NLRB No. 108)  Milton, Pace, and Navarre, FL, May 9, 2014.

A Board panel majority consisting of Chairman Pearce and Member Schiffer adopted the Regional Director’s recommendation to overrule an objection to an election, alleging that the Union’s distribution of a campaign flyer containing pictures of eligible voters and statements misrepresenting their intent to vote for the Union did not raise a substantial and material factual issue under Midland National Life Insurance, 263 NLRB 127 (1982), and therefore did not constitute objectionable conduct.  The majority also denied the Employer’s motion to reopen the record.   In dissenting as to this objection, Member Miscimarra would find that a party engages in objectionable conduct when it publicizes how specific, named employees intend to vote, unless the party obtained express consent from those employees to disclose how they intended to vote.  He would remand for a hearing and grant the motion to reopen.   By unanimous vote, the Board panel adopted the Regional Director’s recommendation to overrule the Employer’s objection alleging that the Board agent handling the election compromised the integrity of the election in various ways when the agent carried the election booth and ballot box to the Employer’s parking lot in order to permit a disabled employee to cast a ballot.  Chairman Pearce and Members Miscimarra and Schiffer participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Healthcare Services Group, Inc.  (8-RD-120778 and 120779)  Omro, WI, May 5, 2014.  No exceptions having been filed to the hearing officer’s overruling of objections to elections held in two separate units of the Employer’s employees on February 13, 2014, the Board adopted the hearing officer’s recommendations and found that a majority of the valid ballots had not been cast for SEIU Healthcare Wisconsin in either unit, and therefore it is not the exclusive collective-bargaining representative of the employees in either unit.

MCI Communications Services, Inc. d/b/a Verizon Business  (04-RC-123386)  Basking Ridge, NJ, May 7, 2014.  Order denying the employer’s request for review of the Regional Director’s decision and direction of election.  Petitioner Communication Workers of America, District 2-13, AFL-CIO.  Chairman Pearce and Members Johnson and Schiffer participating.  Member Johnson stated that he denied the request for review as the employer (a) withdrew both its motion to dismiss the petition and its petition to revoke the subpoena, upon which much of its argument was based, before the hearing, so that the petition and motion could not and did not become part of the record, (b) stipulated for purposes of this case to single employer status with the other relevant Verizon entities, and (c) did not present substantial issues warranting review regarding any remaining legal issues.

New York University  (02-RC-118494)  New York, NY, May 7, 2014.  Order denying Petitioner Local 810, Steel, Metals, Alloys, & Hardware Fabricators & Warehousemen, International Brotherhood of Teamsters’ request for review of the Regional Director's decision and order dismissing the petition on the ground that it raised no substantial issues warranting review.  Chairman Pearce and Members Johnson and Schiffer participated

Onyx Management Group LLC  (29-RC-123189)  Jericho, NY, May 7, 2014.  Order denying Employer’s request for review of the Acting Regional Director’s decision and direction of election on the ground that it raised no substantial issues warranting review.  Petitioner-International Union of Operating Engineers, Local 30, AFL-CIO.  Chairman Pearce and Members Johnson and Schiffer participated.

C Cases

Reinhart Foodservice, L.L.C., d/b/a Agar  (01-CA-106712)  Taunton, MA, May 5, 2014.  No exceptions having been filed to the Administrative Law Judge’s findings that the Respondent had not engaged in any unfair labor practices, the Board adopted the Judge’s dismissal of the complaint.  Charge filed by General Teamsters, Chauffeurs, Warehousemen & Helpers of Brockton & Vicinity, Local 653.  Administrative Law Judge Joel P. Biblowitz issued his decision on March 24, 2014.

Mi Pueblo Foods  (32-CA-064836)  San Jose, CA, May 6, 2014.  The Board dismissed as moot the request of the law firm of Weinberg, Roger & Rosenfeld that the Board cede jurisdiction to the State of California during the federal government shutdown.

Cooling For Less, Inc.  (28-CA-105006)  Phoenix, AZ, May 8, 2014.  No exceptions having been filed to the Administrative Law Judge’s findings that the Respondent had engaged in certain unfair labor practices, the Board adopted the Judge’s findings and conclusions and ordered the Respondent to take the action set forth in the Judge’s recommended Order.  Charge filed by an individual.

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Appellate Court Decisions

No Appellate Court Decisions involving Board decisions to report.

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Administrative Law Judge Decisions

Pacific Bell Telephone Company d/b/a AT&T and Nevada Bell Telephone Company d/b/a AT&T  (20-CA-080400, et al.; JD(SF)-13-14)  State of California.  Errata for Administrative Law Judge John J. McCarrick’s decision issued on April 23, 2014.  Charges filed by Communications Workers of America, AFL-CIO.

Mazzara Trucking & Excavating Corporation  (04-CA-116883; JD-25-14)   Wrightstown, NJ.  Administrative Law Judge Robert A. Giannasi issued his decision on May 7, 2014.  Charge filed by Local 172, Laborers International Union of North America.

International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, its Territories and Canada, Local 720, AFL-CIO, CLC (Global Experience Specialists)  (28-CB-107693 and 113281; JD(SF)-19-14)  Las Vegas, NV.  Administrative Law Judge Lisa D. Thompson issued her decision on May 7, 2014.  Charges filed by individuals.

Paragon Systems, Inc. (05-CA-116070; JD-26-14) Herndon, VA.  Administrative Law Judge Arthur J. Amchan issued his decision on May 8, 2014.  Charge filed by Federal Contract Guards of America (FCGOA) International Union.

Steve Zappetini & Son, Inc.  (20-CA-114390; JD(SF)-21-14)  San Rafael, CA.  Administrative Law Judge Mary Miller Cracraft issued her decision on May 8, 2014.  Charge filed by International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 790, AFL-CIO.

Durham School Services, L.P.  (05-CA-106483; JD-30-14)  Spring Grove, PA.  Administrative Law Judge David I. Goldman issued his decision on May 9, 2014.  Charge filed by Teamsters Local Union No. 776.

Total Security Management, Illinois 1, LLC  (13-CA-108215; JD-28-14)  Oakbrook Terrace, IL.  Administrative Law Judge Arthur J. Amchan issued his decision on May 9, 2014.  Charge filed by International Union Security Police Fire Professionals of America (SPFPA).

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