Skip to content

You are here

Summary of NLRB Decisions for Week of September 24-28, 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.

 

Due to the large volume of decisions issued at the end of the fiscal year, several decisions dated September 28 had not been posted as of the Summary of NLRB Decisions deadline.  Those summaries will be included in next week’s report.

 

Summarized Board Decisions

International Union of Operating Engineers, Local 150, AFL-CIO, and International Brotherhood of Teamsters, Local 703 (25-CD-080014, et al.; 358 NLRB No. 143) Markham, IL, September 25, 2012.

In this jurisdictional dispute, the Board adopted the recommendations of the Hearing Officer and awarded the work in dispute to employees represented by the International Union of Operating Engineers, Local 150, and the International Brotherhood of Teamsters, Local 703, on the basis of: collective-bargaining agreement, employer preference, current assignment, and past practice, skills, economy, and efficiency of operations.

Charges filed by Beverly Environmental, LLC.  Hearing Officer Nathaniel E. Strickler issued his report on June 1, 2012.  Chairman Pearce and Members Hayes and Block participated.

***

1621 Route 22 West Operating Company, LLC d/b/a Somerset Valley Rehabilitation and Nursing Center (22‑CA‑029628, et al.; 358 NLRB No. 146) Bound Brook, NJ, September 26, 2012.

The Board adopted the administrative law judge’s findings that the respondent violated the Act by disciplining and discharging four employees; accelerating the resignation of one employee immediately upon receiving notice; and eliminating the work hours of five other per diem employees.  The Board also adopted the judge’s finding that the respondent violated the Act by interrogating employees about their protected activity, and by soliciting and remedying grievances.  The Board found that a written warning issued to an employee for a medication administration error was not shown to be unlawful. 

Charges filed by 1199 SEIU United Healthcare Workers East, New Jersey Region. Administrative Law Judge Steven Davis issued his decision on November 21, 2011. Chairman Pearce and Members Griffin and Block participated.

***

 Art’s Way Vessels, Inc. (33-CA-015771; 358 NLRB No. 142) Dubuque, IA, September 26, 2012.

In this backpay proceeding, the Board unanimously adopted the administrative law judge’s finding that vacation benefits granted to several employees, subsequent to the issuance of the Board’s underlying decision that found unlawful the respondent’s unilateral changes to contractual vacation benefits, are properly offset against the vacation backpay amounts due the employees under the compliance specification.  The Board also adopted unanimously the judge’s finding that two former employees are owed no backpay, due to payments made to them pursuant to private settlement agreements that they executed, with the union’s participation. 

Charge filed by International Association of Machinists and Aerospace Workers, AFL‑CIO.   Administrative Law Judge Earl E. Shamwell, Jr., issued his supplemental decision on February 10, 2012.  Chairman Pearce and Members Griffin and Block participated. 

***

Hargrove Electric Co., Inc., et al.(16-CA-027812, et al., 358 NLRB No. 147) Dallas, TX, September 26, 2012.

The Board adopted the administrative law judge’s findings that the respondents violated the Act by implementing previously announced changes to employees’ terms and conditions of employment when the 2007-2010 contract expired even though the respondents’ 8(f) relationships with the union changed to 9(a) relationships before it expired when the union was certified as the employees’ bargaining representative.  In affirming the judge’s finding, the Board relied particularly on the fact that the respondents were at all times obligated to bargain with the union, first, because they were bound to the terms of the 8(f) contract until it expired and, second, because, after the Union’s 9(a) certification, the respondents were precluded from acting unilaterally when the contract expired. 

The Board found that the judge appropriately applied Bethlehem Steel Co., 136 NLRB 1500 (1962) in dismissing the allegation that the respondents unlawfully ceased deducting union dues when the contract expired, noting, however, that some Board members have questioned whetherBethlehem Steel was correctly decided.

Charges filed by International Brotherhood of Electrical Workers, Local 20.  Administrative Law Judge Margaret G. Brakebusch issued her decision on January 13, 2012.  Chairman Pearce and Members Griffin and Block participated.

***

47 Old Country, Inc., d/b/a Babi I; Jilly SN, Inc.; Babi Nail USA II Corp. d/b/a Babi II (29‑CA-30247, 358 NLRB No. 148) Glen Head and Carle Place, NY, September 26, 2012. 

The complaint alleged that the respondents defaulted on the terms of the parties’ non-Board settlement agreement requiring them to reinstate an employee upon his presentation of a valid nail specialty license within a reasonable period of time.  The Board rejected the respondents’ arguments that (1) the employee failed to present his license within a reasonable period of time, and (2) reinstatement is impracticable because the respondent sold the salon where the employee had worked.  Therefore, the Board adopted the administrative law judge’s recommendation and, in accordance with the terms of the agreement, ordered that the complaint be reissued and its allegations deemed admitted, and that the respondent’s answer be considered withdrawn. 

Charges filed by Chinese Staff and Workers’ Association.  Administrative Law Judge Steven Davis issued his decision on April 3, 2012.  Members Pearce, Griffin, and Block participated.

***

Ampersand Publishing, LLC d/b/a Santa Barbara News-Press (31‑CA‑028589, et al.; 358 NLRB No. 141) Santa Barbara, CA, September 27, 2012.

The Board unanimously adopted the administrative law judge’s findings that the respondent violated the Act by: (1) unilaterally transferring bargaining unit work to a nonemployee freelance reporter, and to employees of a referral agency; (2) unilaterally laying off an employee and dealing directly with him regarding re-employment as a nonemployee freelance reporter; (3) circulating a memorandum to employees offering them the services of its attorneys if contacted by a Board agent investigating charges; (4) instructing employees at a meeting, which involved a discussion of employment terms, that they were prohibited from discussing with others what was said at the meeting; and unilaterally announcing a new requirement that reporters and writers produce one story per day; (5) unilaterally changing the dates of meetings between employees and their supervisors to discuss  performance evaluations; (6) unilaterally discontinuing merit increases; (7) delaying in furnishing the union with relevant and necessary information that it requested; (8) suspending and discharging an employee; and (9) bargaining in bad faith with the union.  The Board affirmed the judge’s grant of a Broad cease-and-desist order and extension of the certification year by 12 months.  In addition, to remedy the respondent’s bad faith bargaining violation, the Board ordered the respondent to reimburse the union for its negotiation expenses.

Charges filed by Graphic Communications Conference, International Brotherhood of Teamsters.  Administrative Law Judge Clifford H. Anderson issued his decision on May 28, 2010.  Chairman Pearce and Members Griffin and Block participated.

***

Ampersand Publishing, LLC d/b/a Santa Barbara News-Press (31‑CA‑029253; 358 NLRB No. 155) Santa Barbara, CA, September 27, 2012.

The Board adopted the administrative law judge’s finding that the respondent violated the Act by issuing Board subpoenas to employees prior to their testimony at a Board hearing that requested copies of affidavits the employees had submitted to the Board during the course of an unfair labor practice investigation.  In doing so, the Board clarified its basis for rejecting the respondent’s contention that its subpoena-related activity was immunized from liability under the Act by the Noerr-Pennington doctrine because it constituted direct petitioning or, in the alternative, conduct incidental to direct petitioning.  

Charge filed by Graphic Communications Conference, International Brotherhood of Teamsters.  Administrative Law Judge Lana Parke issued her decision on February 5, 2010.  Chairman Pearce and Members Griffin and Block participated.   

***

King’s Fire Protection, Inc. and its alter ego Warrior Sprinkler, LLC (05‑CA‑036094, et al.; 358 NLRB No. 156) Mechanicsburg, PA, September 27, 2012.

The Board's majority affirmed the administrative law judge's conclusion that the respondents and union had a bargaining relationship governed by Section 9(a), rather than Section 8(f) of the Act, when the respondents unlawfully terminated the relationship and failed to abide by all of the terms of the bargaining agreement which expired on March 31, 2010.  The Board majority relied solely on the language of the parties' assent and interim agreement that comported with the requirements of Central Illinois Construction (Staunton Fuel) 335 NLRB 717 (2001), for establishing a bargaining relationship under Section 9(a) in the construction industry.  Member Hayes, in dissent, stated that he would apply the holding of Nova Plumbing Inc. v. NLRB, 330 F.3d at 531, 534 (D.C. Cir. 2003), that contractual language alone is insufficient to establish a Section 9(a) bargaining relationship in the construction industry, and that he would overruleCentral Illinois Construction.  Member Hayes also would not find that the parties had otherwise established a 9(a) bargaining relationship.  He therefore only concurred in finding that the respondents violated the Act to the extent that they failed to apply the terms of the parties’ 2007-2010 contract prior to its expiration.

Charge filed by Road Sprinklers Fitters, Local 669, U.A., AFL-CIO.  Administrative Law Judge Bruce D. Rosenstein issued his decision on July 28, 2011.  Chairman Pearce and Members Hayes and Block participated.

***

Universal Fuel, Inc. (05-CA-034622; 358 NLRB No. 150) Patuxent River, MD, September 26, 2012.

The Board found that the employer violated the Act by engaging in overall bad-faith bargaining with the union.  The Board found it unnecessary to determine whether individual acts alleged as unlawful violated the Act in and of themselves.  The Board modified the administrative law judge’s remedy, extending the union’s certification for one year, and ordering the employer to cease and desist from its refusal to bargain and to bargain in good faith, to reinstate its contract proposal for a reasonable period of time, and to reimburse the union for costs related to the last negotiating session.

Charge filed by International Association of Machinists & Aerospace Workers, AFL‑CIO, District Lodge 4.  Administrative Law Judge Eric Fine issued his decision on October 20, 2009.  Chairman Pearce and Members Griffin and Block participated.

***

Hotel Bel-Air (31-CA-029841; 358 NLRB No. 152) Los Angeles, CA, September 27, 2012.

The Board found that the employer violated the Act by unilaterally implementing its “last, best, and final offer” on severance, waiver and release terms.  In so ruling, the Board affirmed the administrative law judge’s conclusion that the parties’ bargaining over the effects of a two-year closure for renovations was not at impasse at the time of the unilateral implementation.  The Board also found that the employer violated the Act by dealing directly with bargaining unit employees on severance, waiver and release terms.

Charges filed by UNITE HERE, Local 11.  Administrative Law Judge Jay R. Pollack issued his decision on August 12, 2011.  Chairman Pearce and Members Hayes and Block participated.

***

G4S Regulated Security Solutions, a Division of G4S Secure Solutions (USA) Inc. f/k/a the Wackenhut Corporation (12‑CA‑026644, et al.; 358 NLRB No. 160) Palm Beach Gardens, FL, September 28, 2012.

The Board reversed the administrative law judge’s finding that two security guards at the Turkey Point, FL, nuclear power plant were statutory supervisors who were not covered by the Act’s protections.  The Board concluded that the guards did not have any of the four indicia of supervisory authority found by the judge.  The Board, therefore, remanded the case to the judge to determine whether the guards’ discharges violated the Act.  Member Hayes dissented.  He would find that the guards were supervisors based on their authority to discipline bargaining unit guards.

Charges filed by individuals.  Administrative Law Judge William N. Cates issued his decision on June 27, 2011.  Chairman Pearce and Members Hayes and Block participated.

***

KAG West, LLC (21-CA-039488, et al.; 358 NLRB No. 161) Los Angeles, CA, September 28, 2012.

The Board found that the employer unlawfully withheld a wage increase from the employees following the election of the union as their collective bargaining representative.  The Board found that the timing alone was evidence of employer’s anti-union animus; since the employer did not attempt to implement a wage increase until it became aware of the organizing drive.  The Board cites an email between the employer’s managers that directly connects the possibility of the wage increase with the organizing drive.  The Board also found that the employer made no attempt to communicate with the newly unionized employees after sending an announcement after the election informing employees of the wage increase.  The employer did not provide credible evidence that the wage increase would have been withheld from unit employees notwithstanding the union activity.

Charges filed by International Brotherhood of Teamsters, Local 986.  Administrative Law Judge William G. Kocol issued his decision on December 30, 2011.  Chairman Pearce and Members Griffin and Block participated.

***

Massey Energy Company and its subsidiary, Spartan Mining Company d/b/a Mammoth Coal Company (09‑CA‑042057; 358 NLRB No. 159) Kanawha County, WV, September 28, 2012.

The Board adopted the administrative law judge’s finding that respondent Mammoth Coal Company violated the Act by refusing to hire most of the union-represented mining employees of the predecessor employer in order to avoid incurring a bargaining obligation as a successor employer.  In reaching that conclusion, the Board held that in a successorship case, the Board’s General Counsel need not make the showing required in other refusal-to-hire cases that the employees of the predecessor employer were genuinely interested in forming an employment relationship with the successor.  The Board also adopted the judge’s findings that Mammoth violated the Act by refusing to recognize the union and by imposing new terms and conditions of employment.  The Board majority (Members Griffin and Block) further adopted the judge’s finding that Mammoth’s corporate parent, respondent Massey Energy Company, was liable for the violations found because it participated directly in the unlawful conduct.  In addition, the majority found that Massey and Mammoth constituted a single employer, and that Massey was liable on that basis as well.  The Acting General Counsel had not alleged a single employer theory or raised the issue in exceptions  (although he argued that theory in his post-hearing brief to the judge), but the majority found no due process violation because the respondents had not said how they would have litigated the case differently had the single employer theory been alleged.  In particular, the majority noted that while the case was pending before the Board, the Board had solicited supplemental briefs from the parties concerning whether the Board could or should consider a single employer theory, yet the respondents did not say what relevant evidence they would have introduced or what defenses they would have raised had they been aware that the single employer issue might be considered, and did not ask for the record to be reopened.

In dissent, Member Hayes stated that he would not address either a direct participation or single employer theory, since neither of those theories was alleged or fully and fairly litigated.  He noted that the General Counsel had contended only that Massey should be held liable for the violations found because Massey and Mammoth were allegedly agents of each other.  As the majority did not find Massey liable on the agency theory, Member Hayes would have dismissed the complaint allegations concerning Massey.

Charges filed by United Mine Workers of America.  Administrative Law Judge Paul Bogas issued his decision on November 21, 2007.  Members Hayes, Griffin, and Block participated.

***

Accents Painting and Wallcovering, Limited and Accents Contracting, LLC (04‑CA‑081641; 358 NLRB No. 144) Mountain Top, PA, September 26, 2012.

The Acting General Counsel sought a default judgment in this case on the ground that the respondents failed to file an answer to the complaint. Having found that the respondents had engaged in certain unfair labor practices by (1) failing and refusing to recognize and bargain collectively and in good faith with the union; (2) failing to abide by the terms and conditions of the current agreement; (3) failing to make periodic payments to the union, and to the welfare, pension, annuity, vacation, training, apprenticeship and scholarship funds; (4) failing and refusing to abide by the terms of the current agreement requiring the employment of unit employees to perform unit work and the subletting of contracts; and (5) failing and refusing to furnish the union with requested information, the Board ordered them to cease and desist and to take certain affirmative action designed to effectuate the policies of the Act.

Charge filed by District Council No. 21, International Union of Painters and Allied Trades.  Chairman Pearce and Members Griffin and Block participated.

***

Apollo Detective, Inc. and Frank Rogers (13‑CA‑061510; 358 NLRB No. 151) Calumet Park, IL, September 26, 2012.

The Acting General Counsel sought a default judgment in this case on the ground that the respondents failed to file an answer to the supplemental compliance specification. Frank Rogers, Apollo owner was added as an additional named respondent.  Having found that the respondents had engaged in certain unfair labor practices by withdrawing recognition from the union, repudiating the provisions of the 2012-2014 collective-bargaining agreement, and failing to continue in effect all the terms and conditions of the 2012-2014 collective-bargaining agreement, the Board ordered them to cease and desist and to take certain affirmative action designed to effectuate the policies of the Act.

Charge filed by Local 1, Service Employees International Union.  Chairman Pearce and Members Griffin and Block participated.

***

McIntosh Mirror, Door & Glass, Inc. (19‑CA 065627, et al.; 358 NLRB No. 149) Seattle, WA, September 26, 2012.

The Acting General Counsel sought a default judgment in this case on the ground that the respondent failed to file an answer to the consolidated complaint.  Having found that the respondent had engaged in certain unfair labor practices, specifically, violating the Act by (1) failing and refusing to bargain collectively and in good faith with the union as the exclusive collective-bargaining representative of its unit employees over the effects of the respondent’s decision to close its Seattle, WA facility and terminating the employment of all the unit employees; (2) failing to make monthly contributions to the employee Trust Funds; (3) failing to transmit dues to the union as required by the Association Agreement, and failing to remit market recovery and union organizational fund assessments to the parties’ third party administrator for eventual transfer to the union; and (4) failing to furnish the union with requested information, the Board ordered that it cease and desist and to take certain affirmative action designed to effectuate the policies of the Act.

Charges filed by Glaziers, Architectural Metal and Glassworkers, Local 188.  Chairman Pearce and Members Griffin and Block participated.

***

Pointing Plus Inc. (05-CA-072371, et al.; 258 NLRB No. 154) Washington, DC, September 27, 2012.

The Acting General Counsel sought a default judgment in this case on the ground that the respondent failed to file an answer to the consolidated complaint.  Having found that the respondent had engaged in certain unfair labor practices, specifically, violating the Act by discharging employees because they engaged in protected concerted activities and threatening employees by telling them they would not be employed if they engaged in protected concerted activities or support such activities, the Board ordered that it cease and desist and to take certain affirmative action designed to effectuate the policies of the Act.

Charges filed by individuals.  Chairman Pearce and Members Griffin and Block participated.

***

Dickens Inc. (29-CA-029080, et al.; 358 NLRB No. 157) Commack, NY, September 27, 2012.

The Acting General Counsel sought default judgment in this case on the ground that the respondent failed to file an answer to the amended compliance specification.  The Board ordered the respondent to make employees whole by paying them the proper amounts, plus interest accrued to the date of payment, compounded daily, minus tax withholdings required by Federal and State law.

Charges filed by an individual.  Chairman Pearce and Members Griffin and Block participated.

***

Enjoi Transportation, LLC (07-CA-072086, et al., 358 NLRB No. 158) Detroit, MI, September 28, 2012.

The Acting General Counsel sought a default judgment in this case on the ground that the respondent failed to file an answer to the consolidated complaint.  The Board found that the respondent violated the Act by (1) failing and refusing to bargain collectively, and in good faith with the union as the exclusive collective-bargaining representative of the employees in the unit; (2) unilaterally eliminating the unit employees’ health insurance without providing the union prior notice and the opportunity to bargain; (3) unilaterally revising its vehicle accident policy for the unit without providing the union prior notice and the opportunity to bargain; (4) refusing to meet at reasonable time for bargaining; and (5) canceling previously agreed upon bargaining sessions. 

Charges filed by International Brotherhood of Teamsters.  Chairman Pearce and Members Griffin and Block participated.

***

 

Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Kaleida Health (03-RC-077821) Buffalo, NY, September 24, 2012.  Order granting the motion of the Building and Construction Trades Department, AFL-CIO, for leave to file a brief, as amicus curiae, in support of the request for review.  Petitioner – Concerned Carpenters for a Democratic Union.

Brooklyn Park Automotive, Inc. (18-RC-081708) Brooklyn Park, MN, September 25, 2012.  Having reviewed the record and in light of the exceptions and briefs, the Board adopted the Hearing Officer’s findings and recommendations, and found that a certification of results of election should be issued.  Petitioner – Teamsters, Local 974.  Chairman Pearce and Members Griffin and Block participated.

All Security Services, Inc. / Total Armored Car Service, Inc. (07‑RC‑074834) Detroit, MI, September 26, 2012.  In light of exceptions and brief, the Board having reviewed the record adopted the Hearing Officer’s findings and recommendations, directing the Regional Director to open and count ballots.  Petitioner – International Union, Security, Police and Fire Professionals of America (SPFPA).  Chairman Pearce and Members Griffin and Block participated.

Brookhaven Memorial Hospital Medical Center (29-RC-073738) Patchogue, NY, September 28, 2012.  Order denying the petitioner’s request for review of the Acting Regional Director’s decision and order.  Petitioner - Local 342, United Food and Commercial Workers Union.  Chairman Pearce and Members Griffin and Block participated.

C Cases

Fred Meyer Stores, Inc. and Allied Employers (19‑CA‑032908, et al.) Kirkland, WA, September 24, 2012.  Order granting the charging party union’s request for special permission to appeal the rulings of the administrative law judge’s denying in part its petition to revoke respondent’s subpoena duces tecum.  Charges filed by United Food and Commercial Workers, Local 367, affiliated with United Food and Commercial Workers International Union.  Chairman Pearce and Members Griffin and Block participated.

Casino One Corporation d/b/a Lumiere Place Casino and Hotels (14‑CA‑078274) St. Louis, MO, September 24, 2012.  Order denying motion for reconsideration.  Charge filed by UNITE HERE, Local 74.  Chairman Pearce and Members Hayes and Griffin participated.

Pennsylvania American Water Co. (06-CA-037197, et al.) Pennsylvania, September 25, 2012.  Order denying the respondent’s motion for late filing of reply brief.  Charges filed by Utility Workers Union of America, AFL-CIO, System Local 537.

Tesco PLC d/b/a Fresh & Easy Neighborhood Market, Inc. (31‑CA‑029913) Los Angeles, CA, September 25, 2012.  Order denying the charging party’s motion for reconsideration.  Charges filed by United Food and Commercial Workers International Union.  Chairman Pearce and Members Hayes and Griffin participated.

Heil Co., Inc. (The) (10-CA-080758, et al.) Fort Payne, AL, September 25, 2012.  Order denying the employer’s untimely petition to revoke subpoena duces tecum.  United Steel, Paper, Forestry, Rubber, Manufacturing, Energy, Allied Industrial & Service Workers, AFL-CIO-CLC.  Chairman Pearce and Members Griffin and Block participated.

Heil Co., Inc. (The) (10-CA-080758, et al.) Fort Payne, AL, September 25, 2012.  Order denying the employer’s petition to revoke subpoena duces tecum.  United Steel, Paper, Forestry, Rubber, Manufacturing, Energy, Allied Industrial & Service Workers, AFL-CIO-CLC.  Chairman Pearce and Members Griffin and Block participated.

Heil Co., Inc. (The) (10-CA-080758, et al.) Fort Payne, AL, September 25, 2012.  Order denying the employer’s petition to revoke subpoena ad testificandum.  United Steel, Paper, Forestry, Rubber, Manufacturing, Energy, Allied Industrial & Service Workers, AFL-CIO-CLC.  Chairman Pearce and Members Griffin and Block participated.

Merchants Building Maintenance, LLC (29-CA-022660, et al.) Santa Fe, NM, September 26, 2012.  Order denying respondent’s motion for reconsideration.  Charges filed by individuals.  Members Hayes, Griffin, and Block participated.

Sodexo America, LLC (21-CA-039086, et al.) Los Angeles, CA, September 27, 2012.  Order denying respondents motions for reconsideration.  Charges filed by an individual.  Chairman Pearce and Members Hayes and Griffin participated.

Petermann, LTD, and Teamsters, Local 412, affiliated with International Brotherhood of Teamsters (09‑CA‑062183) Lancaster, OH, September 27, 2012.  Order rescinding the order transferring proceeding to the Board and notice to show cause why the Acting General Counsel’s motion should not be approved.  Charge filed by Teamsters, Local 143.

Long Mechanical, Inc. (07-CA-052917, et al.) Northville, MI, September 27, 2012.  Order denying respondent’s motion for reconsideration.  Charges filed by Locals 98 and 636, United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO.  Members Hayes, Griffin, and Block participated.

Local Lodge S-76 of the International Association of Machinists & Aerospace Workers, DL‑1, AFL-CIO (04‑CB‑083627) Hammonton, NJ, September 28, 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 South Jersey Energy Service Plus.

Iron Horse Entertainment Group, Inc., a single employer (01‑CA‑-068152, et al.) September 28, 2012.  Order denying the respondent’s motion to dismiss the consolidated complaint.  Charges filed by International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, its territories and Canada, AFL-CIO-CLC, IATSE.  Chairman Pearce and Members Griffin and Block participated.

MV Transportation, Inc. (04-CA-063478) Philadelphia, PA, September 28, 2012.  Having no statement of exceptions filed, the Board adopted the findings and conclusions of the administrative law judge’s decision that the respondent shall take the recommended action.  Charge filed by Transport Workers Union of Philadelphia, Local 234.

***

                                                                          

Appellate Court Decisions

No Appellate Court decisions regarding NLRB cases were issued this week.

***

 

Decisions of Administrative Law Judges

Stamford Plaza Hotel & Conference Center, LP (34-CA-013031; JD(NY)‑30‑12) Stamford, CT.  Charge filed by United Food and Commercial Workers Union, Local 371, CLC.  Administrative Law Judge Steven Fish issued his decision on September 25, 2012.

Relco Locomotives, Inc. (18-CA-074960; JD-51-12) Albia, IA.  Charge filed by International Brotherhood of Electrical Workers, Local 347.  Administrative Law Judge Eric M. Fine issued his decision on September 25, 2012.

American Federation of Teachers New Mexico, AFL-CIO (28-CA-064412, et al.; JD(ATL)‑25‑12) Albuquerque, NM.  Charges filed by individuals.  Administrative Law Judge Margaret G. Brakebusch issued her decision on September 25, 2012.

Galaxy Towers Condominium Association (22-CA-030064; JD(NY)‑28‑12) Guttenberg, NJ.  Charge filed by Local 124, Recycling, Airport, Industrial & Service Employees Union.  Administrative Law Judge Steven Davis issued his decision on September 25, 2012

Eccles Painting, Inc. (19-CA-069324, et al.; JD(SF)‑47‑12) Boise, IA.  Charges filed by Painters District Council 5, affiliated with International Union of Painters and Allied Trades.  Administrative Law Judge Gerald M. Etchingham issues his decision on September 25, 2012.

Valero Services Corporation (16-CA-075476, JD(ATL)‑26‑12) Port Arthur, TX. Charge filed by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial, and Service Workers International Union (USW), Local 13‑423, AFL-CIO.  Administrative Law Judge Michael A. Marcionese issued his decision on September 26, 2012.

Iroquois Nursing Home, Inc. (03-CA-073221; JD-53-12) Syracuse, NY.  Charge filed by 1199 SEIU, Healthcare Workers East.  Administrative Law Judge David J. Goldman issued his decision on September 26, 2012.

Comau, Inc. (07-CA-052614, et al.; JD-54-12) Detroit, MI.  Charges filed by Automated Systems Workers, Local 1123, affiliated with Carpenters Industrial Council, United Brotherhood of Carpenters and Joiners of America.  Administrative Law Judge Geoffrey Carter issued his decision on September 28, 2012.

Olympic Supply, Inc. d/b/a Onsite News (05-CA-076019, et al.; JD‑55‑12) Baltimore, MD, Charges filed by UNITE HERE! Local 7.  Administrative Law Judge Michael A. Rosa issued his decision on September 28, 2012. 

BCI Coca-Cola Bottling Company of Los Angeles (28‑CA‑022792; JD(SF)‑48‑12) Temple, AR.  Charge filed by an individual.  Administrative Law Judge William G. Kocol issued his decision on September 28, 2012.

***

 

To have the NLRB’s Weekly Summary of Cases delivered to your inbox each week, please subscribe here.

 

 

 

Connect with Us