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Summary of NLRB Decisions for Week of November 25-29 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

Council 30, United Catering, Cafeteria and Vending Workers, RWDSU/UFCW (Awrey Bakeries, LLC)  (07-CB-083076; 360 NLRB No. 11)  Livonia, MI, November 26, 2013.

The Board adopted the administrative law judge’s finding that the Respondent violated Section 8(b)(1)(B) of the Act by restraining or coercing the Employer in the selection of its representatives for the purposes of collective bargaining or the adjustment of grievances by conditioning the grant of concessions in bargaining upon the Employer’s discharge of its director of human resources. The Board amended the judge’s recommended remedy to remove the requirement that the Respondent file a report with the Social Security Administration allocating backpay to the appropriate calendar quarters, and to specify that the backpay period ended 5 days after the date upon which the Respondent sent a letter to the Employer withdrawing its objections to the employment of the discharged director of human resources.

Charge filed by an individual. Administrative Law Judge Arthur J. Amchan issued his decision on April 4, 2013. Chairman Pearce and Members Hirozawa and Johnson participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

No unpublished R cases.

C Cases

Albertson’s, LLC  (28-CA-023387)  Albuquerque, NM, November 26, 2013.  No exceptions having been filed, the Board adopted the findings and conclusions of the Administrative Law Judge that the Respondent had not engaged in certain unfair labor practices, and ordered that the complaint be dismissed.  Charges filed by an individual and United Food and Commercial Workers Union, Local 1564.

International Union of Operating Engineers, Local Union No. 12 (Short Load Concrete, Inc.)  (21-CC-072834)  Anaheim, CA, November 27, 2013.  Order denying Respondent’s Motion for Late Filing of Exceptions and Brief in Support of Exceptions, on the ground that Respondent’s reasons for the late filing do not rise to the level of excusable neglect.  Charges filed by Short Load Concrete, Inc. 

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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

Brink’s, Inc.  (29-CA-097556; JD(ATL)-30-13)  Brooklyn, NY.  Administrative Law Judge Margaret G. Brakebusch issued her decision on November 25, 2013.  Charge filed by Federation of Armored Car Workers.

Sutter Central Valley Hospitals, d/b/a Memorial Medical Center  (32-CA-098873; JD(SF)-56-13)  Modesto, CA.  Administrative Law Judge William L. Schmidt issued his decision on November 25, 2013.  Charge filed by California Nurses Association/National Nurses United (CAN/NNU).

Nebraskaland, Inc.  (02-CA-084052; JD(NY)-54-13)  Bronx, NY.  Administrative Law Judge Raymond P. Green issued his decision on November 26, 2013.  Charges filed by United Food and Commercial Workers Union, Local 342.

Newman Livestock 11, Inc.  (32-CA-084178; JD(SF)-58-13)  Newman, CA.  Administrative Law Judge Gerald A. Wacknov issued his decision on November 26, 2013.  Charges filed by individuals.

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