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Summary of NLRB Decisions for Week of September 9 -13, 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 Issued

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

 R Cases

Americold Logistics, LLC  (25-RD-108194)  Rochelle, IL, September 9, 2013.  Order granting Retail, Wholesale and Department Store Union, UFCW, Local 578’s request for review of the Regional Director’s decision and direction of election as it raises substantial issues warranting review, and requesting the parties to respond in their briefs on review to the following questions: (1) Whether the Regional Director correctly found under Lamons Gasket Co., 357 NLRB No. 72 (2011), that there is no recognition bar because the petition was filed more than one year after the employer recognized the union; and (2) if the Regional Director erred, whether a reasonable time for bargaining had elapsed at the time the petition was filed.   Petitioner—An individual.  Chairman Pearce and Members Miscimarra and Hirozawa participated.

AEG Brooklyn Management, LLC  (29-UD-097113)  Brooklyn, NY, September 11, 2013.  The Board adopted the Acting Regional Director’s overruling of objections to a deauthorization election, and accordingly certified that a majority of the employees eligible to vote has not voted to withdraw the authority of Local 32BJ Service Employees International Union to require, under its agreement with the employer, that employees make certain lawful payments to that Union in order to retain their jobs in conformity with Section 8(a)(3) of the Act.  Petitioner – an individual.  Chairman Pearce and Members Miscimarra and Hirozawa participated.

United Maintenance Company, Inc.  (13-RC-106926)  Chicago, IL, September 12, 2013.  Order denying the employer’s request for review of the Regional Director’s decision and direction of election.  The Board panel majority found that the Regional Director’s determination that Teamsters’ Local 727’s collective-bargaining agreement with the employer does not operate as a bar to Petitioner SEIU Local 1’s representation petition, because Local 727 effectively disclaimed interest in representing the employer’s employees, is consistent with applicable precedent.  In addition, the Board panel majority granted the employer’s special permission to appeal from the Regional Director’s determination to conduct the election by mail ballot, but denied the appeal on the merits.  The majority found that the Regional Director did not abuse his discretion in deciding to conduct the election by mail ballot, and that he appropriately applied the test set forth in San Diego Gas & Electric, 325 NLRB 1143 (1998).  Member Miscimarra dissented and would grant the employer’s request for review and find that Local 727’s collective-bargaining agreement with the employer operated as a bar to Local 1’s representation petition, notwithstanding Local 727’s disclaimer of interest. Further, Member Miscimarra joined in the decision to grant the employer’s request for special permission to appeal, but would have granted it on the merits.  Contrary to his colleagues, Member Miscimarra found that a mail ballot election is inappropriate because this case does not involve the considerations necessary to permit the Regional Director to exercise his discretion to order a mail-ballot election, under San Diego Gas & Electric.  Petitioner – Service Employees International Union, Local 1. Chairman Pearce and Members Miscimarra and Hirozawa participated.

Geralex, Inc., d/b/a Geralex Janitorial Services  (13-RC-106888)  Chicago, IL, September 12, 2013.  Order denying the employer’s request for review of the Regional Director’s decision and direction of election.  The Board panel majority found that the Regional Director’s determination that Teamsters’ Local 727’s collective-bargaining agreement with the employer does not operate as a bar to Petitioner SEIU Local 1’s representation petition, because Local 727 effectively disclaimed interest in representing the employer’s employees, is consistent with applicable precedent.  Member Miscimarra dissented in part and would grant the employer’s request for review and find that Local 727’s collective-bargaining agreement with the employer operates as a bar to Local 1’s representation petition, notwithstanding Local 727’s disclaimer of interest.  Petitioner – Service Employees International Union, Local 1.  Chairman Pearce and Members Miscimarra and Hirozawa participated.

East-West University  (13-RD-103632)  Chicago, IL, September 13, 2013.  The Board denied the employer East-West University’s request for review of the Regional Director’s determination to hold the decertification petition in abeyance pending resolution of the unfair labor practice charges filed in a related case.  Petitioner—An individual.  Union—United Adjunct Faculty Association at East-West University, IEA-NEA.  Chairman Pearce and Members Miscimarra and Hirozawa participated.

NY-FV, Inc., d/b/a Hassel Volvo of Glen Cove  (29-RC-102996)  Glen Cove, NY, September 13, 2013.  The Board adopted the Regional Director’s overruling of the employer’s objections to the election held May 29, 2013, and certified International Association of Machinists and Aerospace Workers, District Lodge 15 as the exclusive collective-bargaining representative of the unit employees. Petitioner – International Association of Machinists and Aerospace Workers, District Lodge 15. Chairman Pearce and Members Miscimarra and Hirozawa participated.

King Soopers  (27-RC-104452)  Lafayette, CO, September 13, 2013. The Board denied the employer’s request for review of the Regional Director’s decision and direction of election, the employer’s request for a stay of election, and the employer’s request for oral argument.  In denying review, the Board agreed with the Regional Director that the employer has failed to rebut the presumption that the petitioned-for single-facility unit of retail and coffee shop employees at the Lafayette store is appropriate.  The Board did not reach the question of whether the Board’s test in Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB No. 83 (2011), enfd. sub nom. Kindred Nursing Centers East, LLC v. NLRB, --F3d--(6th Cir. Aug. 15, 2013) applied under the circumstances of this case.  Member Miscimarra joined in denying review of the Regional Director’s finding that the employer has not rebutted the single-facility presumption, without reaching any question regarding Specialty Healthcare, but he would grant review of the Regional Director’s inclusion of the coffee shop employees in the unit.  Petitioner—United Food & Commercial Workers Union, Local No. 7.  Chairman Pearce and Members Miscimarra and Hirozawa participated.

 C Cases

The Gulfport Stevedoring Association-International Longshoreman’s Association Container Royalty Plan  (15-CA-096939; 15-CB-096934)  Gulfport, MS, September 9, 2013.  The Board denied the Respondent’s motion to dismiss for lack of jurisdiction and request for a preliminary hearing.  Charges filed by an individual.  Chairman Pearce and Members Miscimarra and Hirozawa participated.

Mercy, Inc., d/b/a American Medical Response  (28-CA-094125, 094172)  Las Vegas, NV, September 9, 2013.  The Board approved a formal settlement stipulation, and ordered the  respondent employer to cease and desist from certain conduct, and to furnish the union with requested information and to rescind a policy that limited employees’ discussion of the details of workplace “incidents” to management officials.  Charges filed by Service Employees International Union, Local 1107.  Chairman Pearce and Members Miscimarra and Hirozawa participated.

Rosdev Hospitality, Secaucus, L.P., and La Plaza Secaucus, LLC, as Joint Employers d/b/a The Empire Meadowlands Hotel by Clarion f/k/a Crowne Plaza Hotel and Convention Center,  (22-CA-100327)  Secaucus, NJ, September 10, 2013.  The Board denied the employer’s petition to revoke an investigative subpoena duces tecum, finding that the subpoena sought relevant information and described the evidence sought with sufficient particularity.  The Board further found that the Employer had failed to establish any legal basis for revoking the subpoena.  Chairman Pearce and Members Miscimarra and Hirozawa participated.

Benjamin H. Realty Corp.  (22-CA-110689)  East Orange, NJ, September 11, 2013.  Order transferring proceeding to the Board and notice to show cause why the Acting General Counsel’s Motion for Summary Judgment should not be granted.

Casino One Corporation d/b/a Lumiere Place Casino & Hotels and PNK(ES), LLC d/b/a HoteLumiere, a single employer  (14-CA-090353, et al.)  St. Louis, MO, September 11, 2013.  The Board approved a formal settlement stipulation entered into by the respondent employer, the charging party union, and the Acting General Counsel, under which the employer will cease and desist from engaging in certain conduct and will take the affirmative actions set forth in the Board’s Order.  Charges filed by Unite Here, Local 74.  Chairman Pearce and Members Miscimarra and Hirozawa participated.

Genesis Realty Group, Republic Investment Company, Epic Properties, and Four-H Development Corporation, a single integrated enterprise  (02-CA-101989)  New York, NY, September 11, 2013.  The Board denied the employer’s petition to revoke two investigative subpoenas duces tecum issued by the Region.  Charge filed by two individuals.  Chairman Pearce and Members Miscimarra and Hirozawa participated.

Coastal Sunbelt Produce, Inc.  (05-CA-104549)  Savage, MD, September 12, 2013.  The Board denied the employer’s petition to revoke two investigative subpoenas duces tecum issued by the Region.  Charge filed by an individual.  Chairman Pearce and Members Miscimarra and Hirozawa participated. 

Whitestone Construction Corp.  (02-CA-087444)  Woodside, NY, September 13, 2013.  No exceptions having been filed to the Administrative Law Judge’s findings that the respondent employer has not engaged in any unfair labor practices, the Board adopted the Judge’s findings and conclusions, and dismissed the complaint.

SPCA in Cattaraugus County, Inc.  (03-CA-09031)  Olean, NY, September 13, 2013.  Order transferring proceeding to the Board with notice to show cause why the Acting General Counsel’s motion for default judgment should not be granted on the ground that the Respondent failed to file an answer to the compliance specification and notice of hearing which was postponed indefinitely.

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 Appellate Court Decisions

 No Appellate Court Decisions

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Administrative Law Judge Decisions

Rheem Manufacturing Company  (26-CA-088870; JD(ATL)-23-13)  Fort Smith, AR.  Administrative Law Judge Margaret G. Brakebusch issued her decision September 9, 2013.  Charge filed by an individual.

Hospital of Barstow, Inc. d/b/a Barstow Community Hospital  (31-CA-090049, 096140; JD(SF)-41-13)  Barstow, CA.  Administrative Law Judge Jay R. Pollack issued his decision on September 9, 2013.  Charges filed by California Nurses Association/National Nurses Organizing Committee (CAN/NNOC), AFL-CIO.

Anheuser-Busch, LLC  (12-CA-094114; JD(ATL)-24-13)  Jacksonville, FL.  Administrative Law Judge William Nelson Cates issued his decision on September 10, 2013.  Charge filed by an individual.

Salem Hospital Corporation a/k/a The Memorial Hospital of Salem County  (04-CA-097635; JD-60-13)  Salem, NJ.  Administrative Law Judge Michael A. Rosas issued his decision on September 10, 2013.  Charge filed by Health Professionals and Allied Employees (HPAE).

Washington Hospital Center Corporation d/b/a Medstar Washington Hospital Center  (05-CA-095883, 099390; JD-62-13)  Washington, DC.  Administrative Law Judge Arthur J. Amchan issued his decision on September 11, 2013.  Charges filed by National Nurses United.

United States Postal Service  (28-CA-068385, et al.; JD(SF)-45-13)  Albuquerque, NM.  Administrative Law Judge John J. McCarrick issued his decision on September 11, 2013.  Charges filed by National Association of Letter Carriers, Sunshine Branch 504, affiliated with National Association of Letter Carriers, AFL-CIO.

Advanced Metal Technologies of Indiana, Inc.  (09-CA-083508, et al.; JD-61-13)  Jeffersonville, IN.  Administrative Law Judge David I. Goldman issued his decision on September 11, 2013.  Charges filed by International Association of Machinists Aerospace Workers, AFL-CIO.

The Marleigh Group, Inc. d/b/a Allied Lighting Services and The Evolution Lighting Group, LLC d/b/a YESCO, a single integrated enterprise and alter ego   (08-CA-086251, et al.; JD-59-13)  Cleveland, OH.  Administrative Law Judge Bruce D. Rosenstein issued his decision on September 12, 2013.  Charges filed by individuals.

Durham School Services, L.P.  (05-RC-103218; JD-63-13)  Rosedale, MD.  Administrative Law Judge Michael A. Rosas issued his decision on September 12, 2013.  Charge filed by Teamsters Local Union No. 570, a/w International Brotherhood of Teamsters.

Advanced Metal Technologies of Indiana, Inc.  (09-CA-083508, et al.; JD-61-13ER)  Jeffersonville, IN.  Administrative Law Judge David I. Goldman issued an errata on September 12, 2013.  Charges filed by International Association of Machinists Aerospace Workers, AFL-CIO.

Via Center, Inc.  (32-CA-094045; JD(SF)-46-13)  Berkeley, CA.  Administrative Law Judge Mary Miller Cracraft issued her decision on September 13, 2013.  Charge filed by Service Employees International Union Local 1021.

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