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Summary of NLRB Decisions for Week of October 21 - 25, 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

Bristol Manor Health Care Center  (22-CA-087652; 360 NLRB No. 7)  Rochelle Park, NJ, October 25, 2013. 

The Board granted the Acting General Counsel’s Motion for Default Judgment pursuant to the noncompliance provisions of an informal settlement agreement.  The Board found that the Respondent failed to comply with the terms of the settlement agreement, and accordingly deemed all of the allegations in the reissued complaint to be true and ordered appropriate remedies.  The Board noted that although the Respondent asserted in its response to the Notice to Show Cause that it had complied with each information request made by the Union, the Respondent did not directly dispute the assertions made by the Acting General Counsel and the Union that much of the information covered by the settlement agreement still had not been provided.  The Board noted that the Respondent’s contentions that the information it had provided was “responsive” to the Union’s request and that this information demonstrated its compliance with the collective-bargaining agreement failed to establish that it had fully complied with the settlement agreement and failed to raise any genuine issue of material fact warranting a hearing.  The Board ordered the Respondent to cease and desist from failing to bargain in good faith by refusing to furnish the Union with requested information, and affirmatively ordered the Respondent to furnish the Union with the information it requested.

Charge filed by1199 SEIU, United Healthcare Workers East. 

Members Miscimarra, Hirozawa and Schiffer participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Camoplast Rockland, Ltd  (25-RC-106038)  Peosta, IA, October 22, 2013.  No exceptions having been timely filed to the Regional Director’s Report on Objections, which ordered a hearing on 10 objections and overruled one objection, the Board remanded the proceeding to the Regional Director for further action consistent with his Report.  Petitioner – The International Union, United Automobile, Aerospace and Agricultural Implement Workers of America.

Agro Landscape Consultants, Inc.  (05-RC-109272)  Washington, DC, October 22, 2013.  No exceptions having been filed to the Regional Director’s report overruling an objection to an election held August 21, 2013, the Board certified Petitioner Public Services Employees, Local Union 57, affiliated with Laborers’ International Union of North America, AFL-CIO, as the exclusive collective-bargaining representative of the employees in the appropriate unit.

Aircraft Service International, Inc.  (31-RC-100047)  Los Angeles, CA, October 22, 2013.  Order denying the Petitioner’s request for review of the Regional Director’s order dismissing petition and withdrawing notice of representation hearing.  Petitioner—United Service Workers West, Service Employees International Union.  Members Miscimarra, Hirozawa, and Johnson participated.

Guitar Center Stores, Inc.  (13-RC-108373)  Chicago, IL, October 24, 2013.  No exceptions having been filed to the Regional Director’s report overruling objections to an election held August 9, 2013, the Board certified Petitioner Retail, Wholesale and Department Store Union (RWDSU), United Food and Commercial Workers as the exclusive collective-bargaining representative of the employees in the appropriate unit. 

C Cases

Pittsburgh Athletic Association  (06-CA-105460, 105461)  Pittsburgh, PA, October 23, 2013.  Order transferring proceeding to the Board and notice to show cause why the Acting General Counsel’s motion for default judgment should not be granted.  Charges filed by Unite Here Local 57.

Cermak Fresh Markets  (30-CA-105150)  Milwaukee, WI, October 23, 2013.  The Board denied Cermak Fresh Markets’ petition to revoke subpoenas duces tecum on the grounds that the subpoenas seek information relevant to the matters under investigation and describe with sufficient particularity the evidence sought, and the Employer has failed to establish any other legal basis for revoking the subpoenas.  Charge filed by Milwaukee Workers Organizing Committee.  Chairman Pearce and Members Miscimarra and Hirozawa participated.

Michigan State Employees Association d/b/a American Federation of State County 5 MI Loc Michigan State Emps Assoc. AFL-CIO  (07-CA-103202, et al.)  Lansing, MI, October 25, 2013.  The Board denied the Respondent’s motion for partial summary judgment, as the Respondent failed to establish that there are no genuine issues of material fact and that it is entitled to judgment as a matter of law.  Charges filed by an individual and by Central Office Staff Association.  Chairman Pearce and Members Miscimarra and Hirozawa participated.

NCP International, Inc.  (15-CA-101501)  Henderson, TN, October 25, 2013.  The Board denied the Employer’s Petition to Revoke two subpoenas duces tecum.  With respect to one of the subpoenas, which was directed to the Employer’s custodian of records, the Board denied the petition to revoke as lacking in merit.  As to the other subpoena, which was directed to a claims representative at the Employer’s third-party representative for workers’ compensation claims, the Board denied the petition on the ground that the Employer lacked standing to seek revocation of a subpoena directed to a third party, unless the Employer asserts that the requested information is protected by a privilege or a right of privacy.  In addition, the Board found that, even assuming that the Employer has such standing, the Employer had not established any valid basis for revoking this subpoena.  Chairman Pearce and Members Miscimarra and Hirozawa participated.

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Appellate Court Decisions

No Appellate Court Decision.

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Administrative Law Judge Decisions

Pallet Companies, Inc. a subsidiary of IFCO Systems, N.A., Inc.  (04-RC-093398; JD-69-13)  Burlington, NJ.  An errata to Administrative Law Judge Arthur J. Amchan’s Report and Recommendations on Objections was issued on October 21, 2013.  Charges filed by United Food and Commercial Workers Union, Local 1350.

Professional Transportation, Inc.  (12-CA-101034; JD(ATL)-27-13)  Jacksonville, FL.  Administrative Law Judge William Nelson Cates issued his decision on October 22, 2013.  Charge filed by International Brotherhood of Teamsters Local 512.

FAA Concord H, Inc. d/b/a Concord Honda  (32-CA-066979, et al.; JD(SF)-48-13)  Concord, CA.  Administrative Law Judge Eleanor Laws issued her decision on October 23, 2013.  Charges filed by Machinists Automotive Trades District Lodge No. 190, Automotive Machinists Lodge No. 1173. 

Purple Communications, Inc.  (21-CA-095151, et al.; JD-75-13)  Corona and Long Beach, CA.  Administrative Law Judge Paul Bogas issued his decision on October 24, 2013.  Charges filed by Communications Workers of America, AFL-CIO.

Marquez Brothers Enterprises, Inc.  (21-CA-078519; JD(SF)-49-13)  Industry, CA.  Administrative Law Judge Jeffrey D. Wedekind issued his decision on October 25, 2013.  Charge filed by Teamsters Local 630, International Brotherhood of Teamsters.

Standard Parking, Imperial Parking, Ampco System Parking d/b/a ABM Parking Services, Laz Parking, Interpark, individually and on behalf of Chicago Parking Association  (13-CA-071259; JUD-76-13)  Chicago, IL.  Administrative Law Judge Geoffrey Carter issued his decision on October 25, 2013.  Charge filed Teamsters Local No. 727.

The Fund For the Public Interest  (19-CA-094311; JD(ATL)-28-13) Portland, OR.  Administrative Law Judge Margaret G. Brakebusch issued her decision on October 25, 2013.  Charge filed by Communications Workers of America, Local 7901, AFL-CIO.

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