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Summary of NLRB Decisions for Week of November 7-10, 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

G&K Services, Inc. (5-RD-01484; 357 NLRB No. 109) Portsmouth, VA, November 7, 2011.

The Board (Member Hayes, dissenting) reversed the Hearing Officer and found that an election should be set aside and a new election held because of a letter the Employer sent to employees several days before the election—stating that employees at another facility received family health insurance coverage shortly after voting to decertify—was an objectionable implied promise of benefit.  Dissenting, Member Hayes agreed with the Hearing Officer that the letter was a permissible statement of historical fact.

Petitioner – an Individual.  Hearing Officer issued report December 7, 2010.  Chairman Pearce and Members Becker and Hayes participated.

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Crystal Soda Water Company, Inc. (4-CA-38046; 357 NLRB No. 110) Scranton, PA, November 10, 2011.

The Acting General Counsel sought a default judgment in this case on the ground that the Respondent withdrew its answer to the complaint.  The Board ordered the Respondent to cease and desist from failing and refusing to bargain collectively and in good faith with the union as the exclusive collective-bargaining representative of its unit employees over the effects of the Respondent’s decision to cease operations at its Scranton, PA facility; ceasing to pay employees their accrued holiday and vacation pay; ceasing to pay health insurance premiums; ceasing to make pension contributions as required by the Pension Fund-Monthly Accounts provision; and in any related manner interfering with, restraining or coercing employees in the exercise of their rights.

Charge filed by International Brotherhood of Teamsters, Local 229.  Chairman Pearce and Members Becker and Hayes participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Nextlife Enterprises, LLC (9-RC-060741) Frankfort, KY, November 8, 2011.  No exceptions having been filed to the Hearing Officer’s report, the Board adopted the findings and recommendations, and found that a certification of results of election should be issued.  Petitioner – United Food & Commercial Workers, Local 227.

Performance of Brentwood, LP (26-RC-063405) Brentwood, TN, November 8, 2011. Order granting the Employer’s motion seeking permission to withdraw request for review and remanding the matter to the Regional Director for further appropriate action.  Petitioner – International Association of Machinists Aerospace Workers, AFL-CIO.

St. Paul Plumbing and Heating Company (18-RC-17759) St. Paul, MN, November 8, 2011.  No exceptions having been filed to the Hearing Officer’s report, the Board adopted the findings and recommendations that the Regional Director open and count ballot.  Petitioner – Sheet Metal Workers International Association, Local 10.

Republic Services, Inc. (26-RM-00479) Olive Branch, MS, November 9, 2011.  Order affirming the dismissal of the Employer’s request for review of the Regional Director’s administrative dismissal of the petition.  Petitioner – an Individual.  Chairman Pearce and Members Becker and Hayes participated.

Superior Laundry Services, LLC (29-RC-12093) Freeport, NY, November 9, 2011.  Decision on review and order granting the Intervenor’s request for review of the Regional Director’s decision and direction of election and reversing and remanding case to the Regional Director for further consideration.  Petitioner – Laundry, Distribution & Food Service Joint Board, Workers United, affiliated with the Service Employees International Union.  Chairman Pearce and Members Becker and Hayes participated.

Ampersand Publishing (31-RD-1622) Santa Barbara, CA, November 9, 2011.  Order denying Petitioner’s request for review of the regional Director’s order postponing hearing.  Petitioner – an Individual.  Chairman Pearce and Members Becker and Hayes participated.

San Miguel Hospital Corporation d/b/a Alta Vista Regional Hospital (28-RM-620, et al.) Las Vegas, NM, November 9, 2011.  Order affirming dismissal of Employer’s request for review of the Regional Director’s administrative dismissal of the petitions.  Petitioner – National Hospital and Healthcare Employees District 1199NM.  Chairman Pearce and Members Becker and Hayes participated.

KentuckyAmerican Water (9-UC-496) Owenton, KY, November 9, 2011.  Order denying the union’s request for review of the Regional Director’s decision and order clarifying bargaining unit.  Petitioner – Kentucky American Water.  Chairman Pearce and Members Becker and Hayes participated.

All Town Bus Service, Inc. (13-RC-60760) Chicago and Skokie, IL, November 10, 2011.  No exceptions having been filed to the Hearing Officer’s report, the Board adopted the findings and recommendations that the Regional Director shall open and count ballot.  Petitioner – International Association of Machinists and Aerospace Workers, AFL-CIO.

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C Cases

AK Steel Corporation (6-CA-36963, et al.) Butler, PA. November 8, 2011.  Order granting motion to remand case to the Regional Director for further appropriate action.  Charge filed by United Auto Workers, Local 3303.

Alonso & Carus Iron Workers, Inc. (24-CA-11558) San Juan, PR, November 9, 2011.  Decision and order pursuant to a settlement stipulation.  Charge filed by United Steel Workers, AFL-CIO, Local 6873.  Chairman Pearce and Members Becker and Hayes participated.

Time Auto Transportation, Inc. and Time Auto Transport, L.S. (7-CA-43641(1), et al.) Troy, MI, November 9, 2011. 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 an Individual.

National Association of Letter Carriers, AFL-CIO, Branch 142 (United States Postal Service) (5-CB-11093) Washington, DC, November 10, 2011.  No statement of exceptions having been filed, the Board adopted the findings and conclusions of the Administrative Law Judge, and ordered that the Respondent shall take the action set forth in the recommended order.   Charge filed by an Individual.

White Plains Hospital Center (2-CA-40160) White Plains, NY, November 10, 2011.  No statement of exceptions having been filed, the Board adopted the findings and conclusions of the Administrative Law Judge in the decision and recommended order.  The complaint was dismissed.  Charge filed by an Individual.

Public Service Company of New Mexico (28-CA-23391) Albuquerque, MN, November 10, 2011.  Order denying Respondent’s motion to dismiss portions of the complaint.  Charge filed by International Brotherhood of Electrical Workers, Local 611, AFL-CIO.  Chairman Pearce and Members Becker and Hayes participated.

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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

CCA Civil Halman International, Inc. (2-CA-40207; JD(NY)-42-11) Bronx, NY.  Charge filed by Building Material, Teamsters, Local 282, International Brotherhood of Teamsters.  Administrative Law Judge Lauren Esposito issued her decision November 10, 2011.

CF Taffe Plumbing Co., Inc. (13-CA-45890; JD_69-11) Chicago, IL.  Charge filed by an Individual.  Administrative Law Judge Arthur J. Amchan issued his decision November 10, 2011.

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