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Summary of NLRB Decisions for Week of October 22-26, 2012

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

Rose Fence, Inc. (29-CA-030485, et al., 359 NLRB No. 6) Baldwin, NY, October 22, 2012.

The Board found that the employer violated the Act by unilaterally laying off employees without bargaining with the union.  Although the general decision to lay off employees may have been made before the employees selected the union as their representative, the Board found that the employer was still obligated to bargain over the individual layoff decisions, which were effects of the earlier general decision.  The Board also found that the Acting General Counsel failed to establish that the employer unilaterally subcontracted unit work after its bargaining obligation arose. 

Charges filed by Local 553, International Brotherhood of Teamsters.  Administrative Law Judge Mindy E. Landow issued her decision on January 27, 2012.  Members Hayes, Griffin, and Block participated.

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IronTiger Logistics, Inc. (16-CA-027543, 359 NLRB No. 13) Kansas City, MO, October 23, 2012.

The Board (Chairman Pearce and Member Block) in this Decision and Order agreed with the administrative law judge and found that IronTiger acted unlawfully by failing to timely respond to the union’s request for presumptively relevant information, even though the information was found to be irrelevant in the litigation of this case.  The Board noted that a unionized employer has a duty to bargain in good faith and must provide on request information that is relevant and necessary to the union’s performance of its duties as collective-bargaining representative in a reasonably timely manner -- even when the employer believes it has grounds for not providing the information. Member Hayes, dissenting, found that the Act imposes no obligation on an employer to respond, timely or otherwise, to a request for information that is irrelevant.  Accordingly, Member Hayes found that IronTiger did not act unlawfully and would reverse the judge and dismiss the complaint.

Charge filed by International Association of Machinists and Aerospace Workers, AFL-CIO.  Administrative Law Judge George Carson II issued his decision on May 6, 2011.  Chairman Pearce and Members Hayes and Block participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Lagrasso Bros. Incorporated (07-RD-087446) Detroit, MI, October 22, 2012.  Order denying the union’s request for review of the Regional Director’s decision and direction of election.  Petitioner – Local 227, International Brotherhood of Teamsters (IBT).  Chairman Pearce and Members Hayes and Griffin participated.

Lingo Manufacturing Co. (09-RC-082585) Florence, KY, October 23, 2012.  Having no exceptions filed, the Board adopted the hearing officer’s findings and recommendations that the election conducted on July 13, 2012, is to be set aside and a new election conducted.

Duquesne University of the Holy Spirit (06-RC-080933) Pittsburgh, PA, October 23, 2012.  Order granting the request of the Association of Catholic Colleges and Universities for permission to file brief amicus curiae.  Petitioner – United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial Services Workers International Union (USW) AFL‑CIO.

JAWONIO, Inc. (02-RC-081336) New City, NY, October 24, 2012.  Having no exceptions filed, the Board adopted the administrative law judge’s findings and recommendations and found that a certification of results of election should be issued.  Petitioner – Local 888, United Food & Commercial Workers.

Grace Industries, LLC (29-RC-012031, et al.) New York, NY, October 25, 2012.  In light of exceptions and briefs, the Board adopted the Regional Director’s findings and recommendations remanding the proceeding to the Regional Director for further appropriate action.  Petitioner –Highway Road and Street Construction Laborers, Local 1010, Laborers International Union of North America, AFL-CIO.  Chairman Pearce and Members Hayes and Griffin participated.

Genesis Attachments, LLC (18-RC-084559) Superior, WI, October 26, 2012.  Having no exceptions filed, the Board adopted the hearing officer’s findings and recommendations and found that a certification of results of election should be issued.  Petitioner – United Steelworkers of America, AFL-CIO.

C Cases

Contemporary Cars, Inc. d/b/a Mercedes-Benz of Orland and Autonation, Inc. (12‑CA‑026126, et al) Maitland, FL, October 23, 2012.   The Board made corrections to errors in the text of the order and notice and substituted a corrected decision and order on the agency’s website.  Charges filed by International Association of Machinists and Aerospace Workers, AFL-CIO. 

Bread of Life, LLC d/b/a Panera Bread (07-CA-088519) Kalamazoo, MI, October 24, 2012.  Order transferring proceeding to the Board and notice to show cause why the Acting General Counsel’s motion should not be granted.  Charge filed by Local 70, Bakery, Confectionery, Tobacco Workers and Grain Millers International Union (BCTGM), AFL-CIO.

Olympic Supply Co. d/b/a Onsite News (05-CA-076019, et al.) Mitchellville, MD, October 24, 2012.  Rescinding the order transferring proceeding to the Board and the case back to the administrative law judge to consider the brief and issue a revised decision and order.  Charges filed by UNITE HERE! Local 7.

United States Postal Service (10-CA-077588, et al.) Decatur, AL, October 24, 2012.  Order granting the joint motion of counsel for the Acting General Counsel and the respondent to remand cases to the Acting Regional Director for the purpose of the parties’ execution of a formal settlement stipulation.  Charges filed by APWU and its North Alabama Area, Local 359.

Prime Healthcare Services, LLC d/b/a Encino Hospital Medical Center (31‑CA‑080554) Encino, CA, October 26, 2012.  Order denying the petition to revoke subpoena duces tecum.  Charge filed by Service Employees International Union, United Healthcare Workers-West.  Chairman Pearce and Members Hayes and Griffin participated.

Garden Grove Hospital Medical Center (21-CA-080722) Garden Grove, CA, October 26, 2012.  Order denying the petition to revoke subpoena duces tecum.  Charge filed by Service Employees International Union, United Healthcare Workers-West.  Chairman Pearce and Members Hayes and Griffin participated.

AlliedBarton Security Services, LLC (03-CA-078930) Buffalo, NY, October 26, 2012.  The Board found that the employer violated the Act based on the formal settlement stipulation by refusing to bargain collectively with the union as the exclusive representative of employees in the appropriate bargaining unit, by unilaterally implementing changes in terms and conditions of employment during negotiations for a collective-bargaining agreement in the absence of overall impasses on the entire agreement.  Charge filed by Plant Protection Association National, Local 104.  Chairman Pearce and Members Hayes and Griffin participated.

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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

Ralphs Grocery Company (31-CA-027160, et al.; JD(SF)-49-12) Los Angeles, CA.  Charges filed by United Food and Commercial Workers, Locals 135, 324, 770, 1036, 1167, 1428, 1442.  Administrative Law Judge William G. Kocol issued his decision on October 24, 2012.

Laborers International Union of North America, Local 1177 (15-CB-005974; JD(ATL)‑28‑12) Baton Rouge, LA.  Charge filed by an individual.  Administrative Law Judge Keltner W. Locke issued his decision on October 24, 2012.

Patrish, LLC, d/b/a Northwest Airport Inn (14-CA-080874; JD‑58‑12) St Louis, MI.  Charge filed by UNITE HERE, Local 74.  Administrative Law Judge Arthur J. Amchan issued his decision on October 24, 2012.

Convergys Corporation (14-CA-075249, et al.; JD-59-12) Cincinnati, OH.  Charges filed by an individual.  Administrative Law Judge Arthur J. Amchan issued his decision on October 25, 2012.

Conditioned Air Systems, Inc. (05-CA-079299; JD‑60-12) Frederick, MD.  Charge filed by Plumbers and Gas Fitters Local 5, United Associations of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO.  Administrative Law Judge Arthur J. Amchan issued his decision on October 26, 2012.

Boeing Company (The) (11-CA-077979; JD(ATL)-29-12) North Charleston, SC.  Charge filed by International Association of Machinists and Aerospace Workers, AFL-CIO.  Administrative Law Judge William Nelson Cates issued his decision on October 26, 2012.

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