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Summary of NLRB Decisions for Week of September 23 - 27, 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

No published Board decisions.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Pacific Lutheran University  (19-RC-102521)  Tacoma, WA, September 23, 2013.  Order granting Employer’s request for review of the Regional Director’s decision and direction of election as it raises substantial issues solely with respect to the assertion of jurisdiction over the Employer and the determination that certain faculty members are not managerial employees.  In all other respects, the request for review was denied. The Employer’s request to stay the election also was denied.  Member Miscimarra also would grant the Employer’s request for review on three other issues: (1) whether there is a sufficient community of interests among the various classifications of faculty members in the petitioned-for unit; (2) whether the Regional Director’s eligibility formula is appropriate; and (3) whether an anonymous email survey was properly admitted into evidence as Petitioner’s Exhibit 22 and given appropriate weight by the Regional Director.  Also, in the unusual circumstances of this case, Member Miscimarra would grant the Employer’s request to stay the election.  Petitioner—Service Employees International Union, Local 925.  Chairman Pearce and Members Miscimarra and Hirozawa participated.

Office & Professional Employees International Union  (12-RC-113181)  New York, NY, September 25, 2013.  Order granting the Employer’s request for special permission to appeal the Regional Director’s Order Denying Request for Transfer, and denying the appeal on the merits.  Petitioner--News Media Guild, Local 31222.  Chairman Pearce and Members Miscimarra and Hirozawa participated.

NBC Universal, Inc.  (02-UC-000619, et al.)  New York, NY, Washington, D.C., Chicago, IL, Los Angeles, CA, September 25, 2013.  Order denying the employer’s request for review of the Acting Regional Director’s decision on unit clarification petitions.  Petitioners—National Association of Broadcast Employees & Technicians-Communication Workers of America, AFL-CIO, Locals 11, 31, 41, and 53; National Association of Broadcast Employees & Technicians-Communication Workers of America, AFL-CIO; and American Federation of Television and Radio Artist.  Chairman Pearce and Members Hirozawa and Schiffer participating.

C Cases

Associates and Leisure Activities, LLC  (01-CA100666)  Boston, MA, September 23, 2013.  Order denying employer’s petition to revoke subpoena duces tecum.  Chairman Pearce and Members Miscimarra and Hirozawa participated.

Alma Products Company  (07-CA-089537)  Alma, MI, September 24, 2013.  No exceptions having been filed to the Administrative Law Judge’s findings that the Respondent has engaged in certain unfair labor practices, the Board adopted the findings and conclusions of the Administrative Law Judge and ordered Respondent to take the action set forth in the recommended Order of the Administrative Law Judge.  Charges filed by District 2, Local 2-540-1, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO.

Local 713, International Brotherhood of Trade Unions  (02-CB-095670)  Scarsdale, NY, September 24, 2013.  The Board denied the Union’s motion to revoke an investigative subpoena duces tecum on the ground that the subpoena seeks information relevant to the matter under investigation and describes with sufficient particularity the evidence sought, as required by Section 11(1) of the Act and Section 102.31(b) of the Board’s Rules and Regulations.   The Petitioner has failed to establish any legal basis for revoking the subpoena.  See generally, NLRB v. North Bay Plumbing, Inc., 102 F.3d 1005 (9th Cir. 1996); NLRB v. Carolina Food Processors, Inc., 81 F.3d 507 (4th Cir. 1996). Chairman Pearce and Members Miscimarra and Hirozawa participated.

Constellium Rolled Products Ravenswood, LLC  (09-CA-060235, et al.)  Ravenswood, WV, September 25, 2013.  The Board orders Constellium Rolled Products Ravenswood, LLC to cease and desist from failing to provide United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Local 5668, AFL-CIO-CLC with information necessary to be the collective-bargaining representative of the appropriate unit.  Charges filed by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Local 5668, AFL-CIO-CLC.  Chairman Pearce and Members Hirozawa and Johnson participated.

Park Avenue Investment Advisor LLC d/b/a Met Hotel Detroit d/b/a Metropolitan Hotel Group  (07-CA-060921)  Troy, MI, September 25, 2013.  Order denying the petition to revoke subpoena duces tecum.  The Board found that the subpoena sought information relevant to the matter under investigation and described with sufficient particularity the evidence sought.  Further, the Board held that the petitioner failed to establish any other legal basis for revoking the subpoena.  The Board rejected the petitioner’s contention that the subpoena should be revoked because the information requested is exempt from disclosure under state law. Charge filed by Local 24, UNITE HERE.  Chairman Pearce and Members Miscimarra and Hirozawa participated.

L’Oreal USA  (22-CA-099835)  Clark, NJ, September 27, 2013.  The Board denied L’Oreal USA’s petition to revoke subpoena duces tecum on the grounds that the subpoena seeks information relevant to the matter under investigation and describes with sufficient particularity the evidence sought, as required by Section 11(1) of the Act and Section 102.32(b) of the Board’s Rules and Regulations.  Charges filed by Local 262 of New Jersey RWDSU, UFCW.  Chairman Pearce and Members Miscimarra and Hirozawa participated. 

Ace Masonry, d/b/a Ace Unlimited and Bella Masonry, LLC et al.  (03-CA-073540, et al.)  Burdett, NY, September 27, 2013.  Order transferring proceeding to the Board and notice to show cause why the Acting General Counsel’s Motion for Partial Summary Judgment should not be granted, and order that the hearing scheduled for November 12, 2013 be postponed indefinitely.  Charges filed by International Union of Bricklayers and Allied Craftworkers, Local No. 3, Laborers International Union, Local No. 785 and Northeast Regional Council of Carpenters.

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Appellate Court Decisions

No Appellate Court Decisions to report

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Administrative Law Judge Decisions

Dignity Health, d/b/a St. Rose Dominican Hospitals  (28-CA-094717; JD(NY)-45-13)  Henderson, NV.  Administrative Law Judge Joel P. Biblowitz issued his decision on September 23, 2013.  Charges filed by an individual.

International Union, Security Police and Fire Professionals of America (SPFPA) and its Amalgamated Local 444  (05-CB-099029; JD-67-13)  Washington, DC.  Administrative Law Judge Michael A. Rosas issued his decision on September 24, 2013.  Charges filed by an individual.

Olean General Hospital  (03-CA-097918, et al.; JD-68-13)  Olean, NY.  Administrative Law Judge Arthur J. Amchan issued his decision on September 24, 2013.  Charges filed by New York State Nurses Association.

Copper River of Boiling Springs, LLC  (10-CA-085934, et al.; JD(ATL)-26-13)  Boiling Springs, SC.  Administrative Law Judge Keltner W. Locke issued his decision on September 25, 2013.  Charges filed by individuals.

United States Postal Service  (13-CA-078058; JD(ATL)-25-13)  Highland, IN.  Administrative Law Judge Keltner W. Locke issued his decision on September 25, 2013.  Charges filed by an individual.

Albertson’s, LLC  (28-CA-023387, et al.; JD(SF)-47-13)  Albuquerque, NM.  Administrative Law Judge William L. Schmidt issued his decision on September 26, 2013.  Charges filed by an individual and United Food and Commercial Workers Union, Local 1564.

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