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Summary of NLRB Decisions for the Week of May 9-13, 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

GDT Electrical, Inc., d/b/a Gardner Electrical Corp.(05-CA-34956 et al.; 356 NLRB No. 154) Norfolk, VA, May 9, 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 complaint.  The Board observed that the Respondent’s assertion that it had gone out of business and had no employees or assets did not excuse it from filing an answer.

Charges filed by International Brotherhood of Teamsters, Local Union 743 and Local Union No. 1340. Chairman Liebman and Members Becker and Pearce participated.

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American Medical Response of Connecticut, Inc.(34-CA-12465 et al.; 356 NLRB No. 155) Avon, Southington, Waterbury, CT, May 10, 2011.

This case involved various employer unfair labor practices in the aftermath of an election in which a new union replaced the incumbent representative.  Over the employer’s exception, the Board adopted the Administrative Law Judge’s finding that the employer unlawfully withheld a wage increase scheduled for January 2010.  The Board also adopted the ALJ’s findings on issues to which the employer did not except.  These included findings that the employer violated the Act by prohibiting employees from engaging in certain union activities, unlawful surveillance, refusing to allow an employee to attend a company meeting on paid time, unilaterally failing to make certain monetary payments and implementing unlawful unilateral changes.

Administrative Law Judge Mindy E. Landow issued her decision on November 9, 2010.  The charge was filed by the National Emergency Medical Services Association.  Members Becker, Pearce and Hayes participated.

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Adriana Moreno, a Sole Proprietorship d/b/a New Age Communications(20-CA-34742; 356 NLRB No. 153) Sacramento, CA, May 12, 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 consolidated complaint and compliance specification, and in the absence of good cause being shown for the failure to file an answer to the consolidated complaint and compliance specification, and deeming the allegations in the consolidated complaint and compliance specification to be admitted as true.

Charge filed by International Brotherhood of Electrical Workers, Local 340. Chairman Liebman and Members Becker and Pearce participated.

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The Southern New England Telephone Company d/b/a AT&T Connecticut (AT&T East) (34-CA-12451; 356 NLRB No. 118), New Haven, CT, March 24, 2011.  Correction May 13, 2011.

The Board found that the employer violated Section 8(1) by prohibiting employees from wearing the so-called “Prisoner” shirt in support of the union during collective bargaining, and by threatening and suspending employees who refused to comply.  The Board agreed with the judge’s conclusion that the shirt was not reasonably likely, under the circumstances, to cause fear or alarm among the employer’s customers and that the employer failed to demonstrate “special circumstances” justifying the prohibition of the shirt.

The charges were filed by Communication Workers of America.  Administrative Law Judge Steven Fish issued his decision on June 18, 2010.  Chairman Liebman and Members Becker and Hayes participated.

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Decisions of Administrative Law Judges

CP Sacramento, LLC d/b/a Hilton Sacramento Arden West Hotel (20-CA-34751 et al.; JD(SF)-09-11) Sacramento, CA. Charge filed by Unite Here, Local 49. Administrative Law John J. McCarrick issued his decision on May 12, 2011.

Day & Zimmerman, NPS, Inc. (07-CA-52733 et al.; JD-29-11) Lancaster, PA. Charge filed by individuals. Administrative Law Judge Mark Carissimi issued his decision on May 12, 2011.

NHS Human Services Inc. of Allegheny and Westmoreland (06-CA-37002; JD-28-11) Pittsburgh, PA. Charge filed by PA Social Services Union, SEIU Local 668 a/w SEIU. Administrative Law Judge David I. Goldman issued his decision on May 12, 2011.

Appellate Court Decisions

No Appellate Court decisions involving the NLRB were issued this week.

 

Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

ManhattanCollege (02-RC-23543) May 9, 2011. Order granting motion to file amicus briefs. Order granting request for special permission to file brief amici curiae.

Industrial Roofing, Inc. (19-RD-03859) May 10, 2011. Decision and certification of representative.

CPMC St.Lukes Hospital (20-RC-18207 et al.) May 10, 2011. Order denying Employer’s and Intervenor’s request for review and granting the Employer’s request for special permission to appeal.

Prison Health Services (32-RC-05675) May 11, 2011. Corrected decision and certification of representative.

Community Clinic of Maui, Inc. d/b/a Malama I Ke Ola Health Center (37-RC-04234) May 11, 2011. Order denying request for review.

C Cases

Anthony’s Painting, LLC (14-CA-30082) May 9, 2011. Revised 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 5/23/11.

DurhamSchoolServices (07-CA-52264 et al.) May 9, 2011. Order granting in part and denying in part petitions to revoke and/or quash subpoena duces tecum B-573032.

Exhibitus, LLC (04-CA-37328) May 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 May 24, 2011.

CC-1 Limited Partnership d/b/a Coca-Cola Puerto Rico Bottlers (24-CA-11018 et al.) May 10, 2011. Order granting the Acting GC’s motion to sever and remand Cases 24-CA-11033, 24-CA-11038, 24-CA-11039, 24-CA-11040, 24-CA-11043, 24-CA-11056, 24-CA-11060, 24-CA-11064, 24-CA-11089, 24-CA-11105, 24-CA-11115, and 24-CA-11141 to the RD for further processing pursuant to a non-Board settlement agreement; all other case numbers are pending before the Board.

Coastal International Security Inc. (05-CA-36190) May 12, 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 May 26, 2011.

Capital Iron Works Company (17-CA-24499) May 13, 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 May 27, 2011.

Warren Unilube Company (26-CA-23999) May 13, 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 May 27, 2011.

 

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