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Summary of NLRB Decisions for Week of September 16 - 20, 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

Random Acquisitions, LLC  (07-CA-052473; 360 NLRB No. 1)  Battle Creek, MI, September 16, 2013.

The Board denied the Acting General Counsel’s motion for default judgment, which was based on the respondent’s failure to file an answer to the amended compliance specification.  The respondent, however, had filed a timely answer to the original compliance specification issued by the Regional Director.  In denying the Acting General Counsel’s motion for default judgment, the Board explained that, although the respondent failed to answer the amended compliance specification, the Board will not grant default judgment on an allegation denied in a timely-filed answer to a compliance specification, even though the respondent later fails to timely answer an amended specification repeating the allegation, provided that the repeated allegation is not substantively changed from the original.  Here, the Board found that the allegations in the amended compliance specification were not substantively changed from those in the original compliance specification, and therefore the respondent may be excused from filing an amended answer that would have been unchanged from its initial answer.  Accordingly, the Board remanded the case to the Region for further appropriate action.  Charge filed by an individual.  Chairman Pearce and Members Miscimarra and Hirozawa participated.

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ADT Security Services, Inc. and its officers, agents, successors, and assigns, ADT LLC, and Tyco Integrated Security LLC  (07-CA-051288; 360 NLRB No. 4)  Kalamazoo, MI, September 16, 2013.

The Board granted the Acting General Counsel’s motion for summary judgment on the basis that the respondents’ answer admitted all of the allegations in the compliance specification and agreed that the Board may issue a remedial order against them consistent with those allegations.  The Board ordered the respondents to pay the discriminatees the amounts set forth in the compliance specification, plus interest accrued to the date of payment, minus required tax withholdings.  Charge filed by Local 131, International Brotherhood of Electrical Workers (IBEW).  Chairman Pearce and Members Miscimarra and Hirozawa participated.

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Kaiser Foundation  (31-CA-089178, 091298; 360 NLRB No. 2)  Harbor City, CA, September 17, 2013.

The Board adopted the administrative law judge’s findings of violations in the absence of exceptions.  The respondent filed exceptions that were limited solely to the judge’s inclusion of violations in his Conclusions of Law, recommended Order, and notice that he did not find.  The Board granted the respondent’s exceptions and modified the Conclusions of Law, Order, and notice to employees to conform to the violations found and the Board’s standard remedial language.  Administrative Law Judge Gregory Z. Meyerson issued his decision on May 20, 2013.  Charges were filed by the National Union of Healthcare Workers.  Chairman Pearce and Members Johnson and Schiffer participated.

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Corbel Installations, Inc.  (29-CA-090466; 360 NLRB No. 3)  Brooklyn, NY, September 19, 2013.

The Board amended the administrative law judge’s recommended remedy to provide for a 10-month extension of the certification year and to amend the certification of representative to reflect the successor employer’s name.  There were no exceptions to the judge’s findings that the successor employer violated the Act in several respects, including unlawfully refusing to recognize and bargain with the union.  Charge filed by Communications Workers of America, AFL-CIO.  Administrative Law Judge Mindy E. Landow issued her decision on April 11, 2012.  Chairman Pearce and Members Hirozawa and Johnson participated.

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Quantum Hotels, LLC, Metropolitan Lodging, LLC, and Wick Road Hotel Management, LLC alter egos d/b/a The Metropolitan Hotel, Romulus  (07-CA-090429; 359 NLRB No. 132)  Romulus, MI, September 20, 2013. 

The Board issued an Erratum correcting the amount the unit employees would be compensated for adverse tax consequences resulting from a lump sum backpay award, and requiring the respondent to notify the Social Security Administration regarding the allocation of the backpay awards to the appropriate calendar quarters.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

JT Electric Service, Inc.  (18-RC-107613)  Albany, MN, September 16, 2013.  No exceptions having been filed to the hearing officer’s overruling of an objection to an election, the Board adopted the hearing officer’s findings and recommendations and certified International Brotherhood of Electrical Workers, Local 292 as the exclusive collective-bargaining representative of the employees in the appropriate unit.  Petitioner – Christian Labor Association, United Construction, Local 84.

Chicago Vendor Supply, Inc.  (13-RC-103542)  Chicago, IL, September 16, 2013.  No exceptions having been filed to the hearing officer’s overruling of objections to an election, the Board adopted the hearing officer’s findings and recommendations, and certified that a majority of the valid ballots had not been cast for International Brotherhood of Teamsters, Local 710 and therefore it is not the exclusive collective-bargaining representative of the employees in the bargaining unit.  Petitioner - International Brotherhood of Teamsters, Local 710.

S&H Associates, Inc.  (02-RC-082036)  Nanuet, NY, September 17, 2013.  No exceptions having been filed to the Regional Director’s overruling of an objection to an election, the Board adopted the Regional Director’s findings and recommendations, and certified Local 259, United Auto Workers as the exclusive collective-bargaining representative of the employees in the appropriate unit.  Petitioner – Local 259, United Auto Workers.

Pennington Plumbing and Heating, Inc.  (09-RD-090337)  Beckley, WV, September 17, 2013.  No exceptions having been filed to the hearing officer’s overruling of objections to an election, the Board adopted the hearing officer’s findings and recommendations, and certified that a majority of the valid ballots had not been cast for Sheet Metal Workers International Association, Local Union No. 33 and therefore it is not the exclusive collective-bargaining representative of the employees in the bargaining unit.  Petitioner – An individual.

The Pepsi-Cola Bottling Company of Winchester, Kentucky, A Division of G&J Pepsi-Cola Bottlers, Inc.  (09-RC-110313)  Winchester, KY, September 18, 2013.  Order denying the employer’s request for review of the Regional Director’s decision and direction of election.  Petitioner -- International Brotherhood of Teamsters, Local Union No. 651.  Chairman Pearce and Members Miscimarra and Hirozawa participated.  Member Miscimarra did not reach the applicability of Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB No. 83 (2011), enfd. sub nom. Kindred Nursing Centers East v. NLRB, ___ F.3d ___, 2013 WL 4105632 (6th Cir. Aug. 15, 2013), because, in this case, the Employer did not challenge its applicability, and even under the Board’s pre–Specialty Healthcare traditional community-of-interest analysis, he would find that the petitioned-for unit of drivers is an appropriate unit, even though a unit including the excluded merchandisers would also be appropriate. 

American Medical Response of New Haven  (01-RC-102304)  New Haven, CT, September 18, 2013.  The Board denied National Emergency Medical Services Association’s request for review in light of the August 26, 2013 order of the United States Court of Appeals for the First Circuit.  Chairman Pearce and Members Miscimarra and Hirozawa participated.

American Medical Response of New Haven  (21-RC-106534)  New Haven, CT, September 18, 2013.  The Board denied National Emergency Medical Services Association’s  request for review in light of the August 26, 2013 order of the United States Court of Appeals for the First Circuit.  Chairman Pearce and Members Miscimarra and Hirozawa participated.

Little Village Car Wash  (13-RC-104353)  Chicago, IL, September 20, 2013.  No exceptions having been filed to the Regional Director’s recommendations regarding objections to an election held July 25, 2013, the Board adopted the Regional Director’s supplemental decision and ordered that the election be set aside and directed a second election.

C Cases

No unpublished C Cases to report

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Appellate Court Decisions

No Appellate Court Decisions to report

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Administrative Law Judge Decisions

Eddisons Facility Services LLC  (18-CA-089191, et al.; JD-65-13)  Minneapolis, MN.  Administrative Law Judge Eric M. Fine issued his decision on September 18, 2013.  Charges filed by Teamsters Local No. 120.

A+B HVAC Services, Inc.  (22-CA-093446, 22-RC-089630; JD(NY)-44-13)  Somerset, NJ.  Administrative Law Judge Lauren Esposito issued her decision on September 19, 2013.  Charges filed by Sheet Metal Workers Local Union 25.

Alcoa, Inc. and Alcoa Commercial Windows, LLC d/b/a Traco, a single employer  (06-CA-065365; JD-66-13)  Cranberry Township, PA.  Administrative Law Judge Mark Carissimi issued his decision on September 20, 2013.  Charge filed by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC.

Berklee College of Music  (01-CA-089878; JD-64-13)  Boston, MA.  Administrative Law Judge Susan A. Flynn issued her decision o September 20, 2013.  Charge filed by Berklee Faculty Union, American Federation of Teachers, Local 4412, AFT-MA, AFL-CIO.

All American School Bus Corp.  (29-CA-100827, et al.; JD(NY)-46-13)  New York, NY.  Administrative Law Judge Raymond P. Green issued his decision on September 20, 2013.  Charges filed by Local 1181-1061, Amalgamated Transit Union, AFL-CIO.

Oradell Health Care Center  (22-CA-086895, 089565; JD(NY)-47-13)  Oradell, NJ.  Administrative Law Judge Steven Fish issued his decision on September 20, 2013.  Charges filed by 1199 SEIU, United Healthcare Workers East.

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