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Summary of NLRB Decisions for Week of September 6-9, 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

Consumer Product Services, LLC (13-CA-46622; 357 NLRB No. 87) Alsip, IL, September 7, 2011.

The Board granted the Acting General Counsel’s Motion for Default Judgment based on the Respondent’s failure to file an answer to the consolidated corrected complaint and compliance specification.  The Board ordered Respondent to offer Charging Parties full reinstatement to their former positions, or, if those positions no longer existed, to substantially similar positions, without prejudice to seniority, to make Charging Parties whole for any loss of earnings and other benefits suffered with compounded daily interest accrued to the date of payment, and minus tax withholdings required by federal and state laws.  Respondent is also required to remove from its files all references to the unlawful failure to recall Charging Parties from layoff and to notify them in writing that this had been done.

Charges filed by Individuals. Chairman Pearce and Members Becker and Hayes participated.

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Ozark Automotive Distributors, Inc. d/b/a O’Relly Auto Parts (21-CA-39846; 357 NLRB No. 88) Springfield, MO, September 8, 2011.

In this refusal-to-bargain case, the Respondent failed and refused to bargain with the union as the exclusive collective-bargaining representative of the employees in the unit and to furnish the union with requested information.  The Board ordered the Respondent to bargain on request with the union and, if an understanding is reached, to embody the understanding in a signed agreement.  The Board also ordered the Respondent to furnish the union with requested information.

Charge filed by Teamsters, Chauffeurs, Warehousemen, Industrial and Allied Workers of America, Local 166, International Brotherhood of Teamsters, CTW.  Chairman Pearce and Members Becker and Hayes participated.

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Biosource Landscaping Services, LLC (9-CA-46347; 367 NLRB No. 89) Xenia, OH, September 9, 2011.

The Board granted the Acting General Counsel’s Motion for Default Judgment based on the  Respondent’s failure to file an answer to the complaint. 

Charge filed by Laborers International Union of North America, Local 1410, AFL-CIO.  Chairman Pearce and Members Becker and Hayes participated.

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J.E.W. Design & Construction, Inc. (15-CA-19675; 357 NLRB No. 86) New Orleans, LA, September 9, 2011.

The Board granted the Acting General Counsel’s Motion for Default Judgment based on the  Respondent’s failure to file an answer to the complaint and compliance specification and order consolidating complaint and compliance specification.  The Board ordered the Respondent to remedy its unfair labor practices by making unit employees whole by paying them backpay, plus compounded daily interest accrued to the date of payment, and minus tax withholdings required by federal and state laws. The Board also ordered the Respondent to make fringe benefit fund payments on behalf of the employees, plus compounded daily interest accrued to the date of payment.

Charge filed by Laborers International Union North America, Construction & General Laborers, Local 1177.  Chairman Pearce and Members Becker and Hayes participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Case

East-WestUniversity (13-RC-22017) Chicago, IL, September 6, 2011.  Order granting motion to file untimely.  Petitioner – United Adjunct Faculty Association at East-West University, IEA-NEA.

Oliver C. Joseph, Inc. (14-RC-12830) Belleville, IL, September 7, 2011.  Order denying Employer’s request for review of Regional Director’s decision and direction of elections.  Petitioner – International Association of Machinists and Aerospace Workers, AFL-CIO.  Chairman Pearce and Members Becker and Hayes participated.

A.S.C. Contracting Corporation (29-RC-12034) Brooklyn, NY, September 9, 2011.  Having considered an objection to an election, the Board adopted the Acting Regional Director’s findings and recommendations and found that a certification of representative should be issued.  Petitioner – Highway Road and Street Construction Laborers Local 1010 of the Laborers International Union of North America, AFL-CIO. 

Rich Products Corporation (20-RD-02495) San Francisco, CA, September 9, 2011.  Having considered objections to an election, the Board adopted the Regional Director’s findings and recommendations and found that a certification of results of election should be issued.  Petitioner – an Individual.

C Case

Garner/Morrison, LLC (28-CA-21311, 28-CB-6585) Tempe, AZ, August 18, 2011.  Order denying motion for reconsideration.  Charges filed by International Union of Painters and
Allied Trades, District Council, #15, Local 86, AFL-CIO-CLC.  Chairman Liebman and Members Becker and Pearce participated.

United StatesPostal Service (5-CA-36226, et al.) Virginia Beach, VA, August 26, 2011.  Decision and order pursuant to a settlement stipulation.  Charges filed by American Postal Workers Union, AFL-CIO, Virginia Beach Area, Local 1518.  Chairman Liebman and Members Pearce and Hayes participated.

First Student (34-CA-12705) Weston, CT, September 6, 2011.  No statement of exceptions having been filed, the Board adopted the findings and conclusions of the Administrative Law Judge.  Charge filed by AFSCME, Local 1303-416 of Council 4, AFL-CIO.

GCA Services Group, Inc. (28-CA-23513) Meza. AZ, September 7, 2011.  Order denying Region’s motion for reconsideration of the Board’s order granting the Respondent’s request to postpone hearing.  Charge filed by United Food and Commercial Workers Union, Local 99, AFL-CIO.  Chairman Pearce and Members Becker and Hayes participated.

Ahntech, Inc. (28-CA-23262, et al.) Luke Air Force Base, AZ, September 8, 2011.  Order adopting the findings and conclusions of the Administrative Law Judge.  Charges filed by an Individual and International Association of Machinists and Aerospace Workers, Local Lodge 519, AFL-CIO, CLC (AHMTECH, Inc.)

Salon/Spa at Boro, Inc. (9-CA-45349, et al.) Springboro, OH, September 9, 2011.  Order transferring proceeding to the Board and notice to show cause.  Charges filed by Individuals.

Land-Air Express of New England, LTD. (3-CA-28053) Tonawanda, NY, September 9, 2011.  Order denying petition to revoke subpoenas Ad Testificandum A-897528 and A-897533, and subpoena duces tecum B-606486.  Charge filed by freight Drivers, Helpers, Dockmen, Allied Workers, Teamsters, Local 375.  Chairman Pearce and Members Becker and Hayes participated.

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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

Cool Heat, LLC d/b/a Forrest Sheet Metal, Inc. Investment Properties Associates, LLC, and Meelp, Inc. alter egos (4-CA-37553, 37757; JD-53-11) Wilmington, DE.  Charges filed by Sheet Metal Workers’ International Association, Local 19.  Administrative Law Judge George Alemán issued his decision September 8, 2011.

Hyundai Rotem USA Corporation and Aerotek, Inc., Joint Employers (4-CA-17657; JD-54-11) Philadelphia, PA.  Charge filed by Transport Workers Union of Philadelphia, Local 234, AFL-CIO.  Administrative Law Judge John T. Clark issued his decision September 9, 2011.

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