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Summary of NLRB Decisions for Week of September 30 - October 4, 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

New Jersey State Opera  (22-CA-029526; 360 NLRB No. 5)  Newark, NJ, September 30, 2013.

The Board granted the Acting General Counsel’s Motion for Default Judgment pursuant to the noncompliance provisions of a settlement agreement.

The Board found that the Respondent failed to comply with the terms of the settlement agreement by refusing to fully remit back wages owed to its unit employees and refusing to remit dues on behalf of its unit employees to the Union in violation of Section 8(a)(5) and (1). The Board ordered the Respondent to honor and comply with the terms and conditions of the collective-bargaining agreement with the Union by paying unit employees the unpaid contractual wages and to make the unit employees whole for any loss of earnings and other benefits suffered as a result of the Respondent’s unlawful conduct.  In addition the Board ordered the Respondent to reimburse the unit employees in an amount equal to the differences in taxes owed upon receipt of a lump-sum backpay payment and taxes that would have been owed had there been no discrimination against them, and to submit the appropriate documentation to the Social Security Administration so that when backpay is paid, it will be allocated to the appropriate periods.  Further, the Board ordered the Respondent to remit contractual dues on behalf of its unit employees to the Union.

Charge filed by American Federation of Musicians, Local 16. 

Chairman Pearce and Members Miscimarra and Hirozawa participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

No unpublished decisions.

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Appellate Court Decisions

No Appellate Court decisions to report.

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Administrative Law Judge Decisions

Stahl Specialty Company  (17-CA-088639; JD-73-13)  Kingsville, MO.  Administrative Law Judge Christine E. Dibble issued her decision on September 30, 2013.  Charges filed by International Brotherhood of Electrical Workers Local #1464 affiliated with the International Brotherhood of Electrical Workers, AFL-CIO. 

Apple American Group LLC Applebees, d/b/a Applebees Neighborhood Grill and Bar  (18-CA-103319; JD(NY)-49-13)  St. Paul, MN.  Administrative Law Judge Joel P. Biblowitz issued his decision on September 30, 2013.  Charges filed by an individual.

United States Postal Service  (24-CA-090192, et al.; JD-70-13)  Cataño, PR.  Administrative Law Judge Michael A. Rosas issued his decision on September 30, 2013.  Charges filed by American Postal Workers Union, Local 1070, AFL-CIO.

United States Postal Service  (24-CA-100739; JD-71-13)  Aguadilla, PR.  Administrative Law Judge Michael A. Rosas issued his decision on September 30, 2013.  Charges filed by American Postal Workers Union, Local 1070, AFL-CIO.

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