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Summary of NLRB Decisions for Week of September 19-23, 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

Praxair Distribution, Inc. (28-CA-22806; 357 NLRB No. 91) Phoenix, AZ, September 21, 2011.

The Board adopted the Administrative Law Judge’s dismissal of the allegation that the Respondent violated Section 8(a)(1) by threatening employees for requesting to be jointly interviewed.  The Board noted that there was no evidence that the employees were threatened for having made the requests.  The Board also adopted the judge’s dismissal of the allegation that the Respondent violated Section 8(a)(1) by discharging an employee, noting that the Acting General Counsel failed to establish that animus toward the employee’s protected activity was a motivating factor in the decision to discharge him.  Finally, the Board adopted the judge’s finding that statements of the Respondent’s manager to the spouse of one of the employee constituted various threats in violation of Section 8(a)(1).  The Board noted that the statements were no less coercive when made to the spouse of an employee and the fact that the spouse initiated the discussion does not make it less likely that the statement was not relayed to the employee.  Member Hayes dissented, questioning whether the “spousal conduit” inference applied where the non-employee spouse initiated the specific conversation in question, and essentially provoked the employer representative into an irritated and spontaneous outburst.

Charge filed by Individuals.  Administrative Law Judge Gregory Z. Meyerson issued his decision August 4, 2010.  Chairman Pearce and Members Becker and Hayes participated.

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Daycon Products Company, Inc. (5-CA-35687, et al.; 357 NLRB No. 92) Upper Marlboro, MD, September 21, 2011.

The Board adopted the Administrative Law Judge’s findings that the Respondent violated the Act by unilaterally implementing its last contract offer after prematurely declaring impasse, and that the subsequent strike by employees was an unfair labor practice strike; Respondent’s refusal to reinstate unfair labor practice strikers, who had offered to return to work unconditionally; and Respondent’s subcontracting bargaining-unit work without providing notice to or bargaining with the union.

Charges filed by Drivers, Chauffeurs and Helpers Local 639, affiliated International Brotherhood of Teamsters.  Administrative Law Judge Joel P. Biblowitz issued his decision February 15, 2011.  Chairman Pearce and Members Becker and Hayes participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Case

St. Xavier University (13-RC-22025) Chicago, IL, September 19, 2011.  Order granting motion to file amicus briefs.  Petitioner – St. Xavier University Adjunct Faculty Organization, IEA‑NEA.

Securitas/Paragon Systems, Inc. (5-RC-60863) Chantilly, VA, September 21, 2011.  Corrected order affirming dismissal of the petition.  Petitioner – United Security & Police Officer of America (USPOA).  Chairman Pearce and Members Becker and Hayes participated.

Paragon Systems, Inc. (11-RC-06762) Chantilly, VA, September 21, 2011.  Corrected order denying Petitioner’s request for review of the Acting Regional Director’s decision and order.  Petitioner – United Security & Police Officers of America (USPOA).  Chairman Pearce and Members Becker and Hayes participated.

Ecumen d/b/a Ecumen Scenic Shores (18-RD-002724) Two Harbors, MN, September 21, 2011.  Order remanding case to Regional Director for further consideration in light of UGL-UNICCO Service Company.  Member Hayes, dissented for seasons stated in his dissent in UGL-UNICCO Service Company, would process the petition.  Petitioner – an Individual.  Chairman Pearce and Members Becker and Hayes participated.

FJC Security Services, Inc. (29-RC-11999) Jamaica, NY, September 21, 2011.  Order granting Union’s request for review and remanding case to Regional Director for further appropriate action.  Member Hayes, dissented for reasons stated in his dissents in UGL-UNICCO Service Company and Watkins Security Agency of DC, Inc.  Chairman Pearce and Members Becker and Hayes participated.

FJC Security Services, Inc. (29-RC-11999) Jamaica, NY, September 23, 2011.  Corrected order granting Union’s request for Regional Director’s decision and direction of election.  Petitioner – Special and Superior Officers Benevolent Association.  Member Hayes, dissented for reasons stated in his dissents in UGL-UNICCO Service Company and Watkins Security Agency of DC, Inc.  Chairman Pearce and Members Becker and Hayes participated.

Atkins Desserts, LLC (25-RC-10517) Noblesville, IN, September 23, 2011.  Decision, order (election set aside and a re-run election conducted) and direction of second election.  Petitioner – United Food and Commercial Workers Union, Local 700.

C Cases

Queens Village Day School, Inc. (29-CA-29618, 29798) Queens Village, NY, September 19, 2011.  Order adopting the findings and conclusions of the Administrative Law Judge and requesting Respondent take judge’s recommended action.  Charges filed by District Council 1707, American Federation of State, County and Municipal Employees, AFL-CIO.

Avanti Health System, LLC, CHHP Holdings II, LLC and CHHP Management, Inc. (21‑CA‑39264) Huntington Park, CA, September 19, 2011.  Order denying Employer’s petition to revoke subpoenas duces tecum B-631223, B-631224 and B-631225.  Charge filed by SEIU United Healthcare Workers-West.  Chairman Pearce and Members Becker and Hayes participated.

Wye Electric, Inc. (15-CA-11993, et al.) Monroe, LA, September 21, 2011.  Order denying Charging Parties’ request for review of the Acting General Counsel’s decision and affirming the Acting Regional Director’s compliance determination.  Charges filed by International Brotherhood of Electrical Workers, Locals 446, 480 and 576.  Chairman Pearce and Members Becker and Hayes participated.

Crystal Soda Water Company, Inc. (4-CA-38046) Scranton, PA, September 21, 2011.  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 International Brotherhood of Teamsters, Local 229.

ACS, LLC (28-CA-23319, et al.) September 22, 2011.  Order denying Respondent’s motion for summary judgment.  Charges filed by United Food and Commercial Workers Union, Local 5.  Chairman Pearce and Members Becker and Hayes participated.

Premier-ISA (5-CA-35865) Washington, DC, September 23, 2011.  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 National Union of Protective Services Associations (NUPSA).

Demex Group, Inc. (33-CA-15956) Manito, IL, September 23, 2011.  Order transferring proceeding to the Board and notice to show cause why Acting General Counsel’s motion should not be granted.  Charge filed by Laborers’, Local 393.

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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

Southwest Regional Council of Carpenters, Carpenters Local 1507 (Perry Olsen Drywall, Inc.) (27-CB-5723; JD(SF)-36-11) Sandy, UT.  Charge filed by an Individual.  Administrative Law Judge Lana H. Parke issued her decision September 22, 2011.

Hamza Meat Corp. d/b/a Fine Fare Supermarkets, Inc. (29-CA30770, 30783; JD(NY)-34-11)  Brooklyn, NY.  Charges filed by Local 338, Retail, Wholesale and Department Store Union, United Food and Commercial Workers.  Administrative Law Judge Mindy E. Landow issued her decision September 22, 2011.

Station Casinos, Inc. d/b/a Aliante Station, Boulder Station, Palace Station, Red Rock Station, Santa Fe Station, Sunset Station, Texas Station (28-CA-22918, et al.; JD-59-11) Las Vegas, NV.  Charges filed by Local Joint Executive Board of Las Vegas, Culinary Workers Union, Local 226 and Bartenders Union, Local 165, affiliated with UNITE HERE!, AFL-CIO.  Administrative Law Judge Geoffrey Carter issued his decision September 22, 2011. 

Ohio & Vicinity Regional Counsel of Carpenters (Graycor, Inc.) (9-CB-12498; JD(ATL)‑24‑11) Monroe, OH.  Charge filed by an Individual.  Administrative Law Judge William N. Cates issued his decision September 22, 2011.

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