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Weekly Summary for Week of February 21-25, 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

A & C Healthcare Services, Inc.(20-CA-33588, et al.; 356 NLRB No. 100) Millbrae, CA, February 25, 2011.

The Board adopted the judge’s decision and found that the Respondent (which bought the predecessor’s nursing home facility at a bankruptcy auction) was a successor employer obligated to bargain with the Union, and that it violated Section 8(a)(5) of the Act by failing to do so for a specified period of time and by making certain unilateral changes.  Since the judge found that it was unnecessary to decide whether the Respondent was a “perfectly clear” successor, Member Hayes found it unnecessary to pass on the judge’s observations about whether there should be an exception for such a successor who elects to acquire a business through a bankruptcy auction. 

Charges filed by Service Employees International Union, United healthcare Workers – West. Administrative Law Judge Gerald A. Wacknov issued his decision on July 18, 2008. Chairman Liebman and Members Pearce and Hayes participated. Member Becker was recused.

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Covanta Energy Corporation and Covanta Semass LLC, Single Employers and/or Joint Employers(01-CA-45233; 356 NLRB No. 98) West Wareham, MA, February 25, 2011.

The Board adopted the judge’s finding that the Respondents are a single employer for purposes of the Act.  The Board further adopted the judge’s finding that the Respondents violated the Act by announcing to bargaining unit employees that they were no longer eligible to receive the corporate bonus and would not receive the upcoming annual wage increase.  The Board also adopted the judge’s findings that the Respondents violated the Act by eliminating the corporate bonus and the corporate-recommended annual wage increase for bargaining unit employees.  Finally, the Board affirmed the judge’s six month extension of the Union’s certification period.

Charges filed by the Local 369, Utility Workers Union of America, AFL-CIO. Administrative Law Judge David I. Goldman issued his decision on March 26, 2010.  Members Becker, Pearce and Hayes participated.

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Griffin Security Agency, Inc. (02-CA-39687; 356 NLRB  No. 101) New York, NY, February 25, 2011.

The Acting General Counsel sought a default judgment in this case on the ground that the respondent failed to file an answer to the complaint. In the absence of good cause being shown for the failure to file an answer, the Board deemed the allegations in the complaint to be admitted as true and granted the Acting General Counsel’s motion for default judgment.

Charge filed by Special and Superior Officers Benevolent Association. Chairman Liebman and Members Pearce and Hayes participated.

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MJ Mueller LLC d/b/a Benjamin Franklin Plumbing  (18-CA-18216, et al.; 356 NLRB No. 99) North Branch, MN, February 25, 2011.

The Acting General Counsel sought a default judgment in this case on the ground that the respondents failed to file an answer to the compliance specification. In the absence of good cause being shown for the failure to file an answer, the Board deemed the allegations in the compliance specification to be admitted as true and granted the Acting General Counsel’s motion for default judgment.  The Board concluded that the backpay due discriminatees was as stated in the compliance specification and ordered the respondents to pay those amounts, plus interest.

Charge filed by United Association of Plumbers and Gasfitters, Local Union No. 34.  Chairman Liebman and Members Pearce and Hayes participated.

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Decisions of Administrative Law Judges

New YorkState Nurses Association (03-CA-027723) Latham, NY. Charges filed by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. Administrative Law Judge Bruce Rosenstein issued his decision on February 25, 2011.

Lockheed Martin Information Systems and Global Solutions, A Segment of Lockheed Martin Corporation (04-CA-037627) King of Prussia, PA. Charge filed by Richard Power, an Individual. Administrative Law Judge Arthur Amchan issued his decision on February 25, 2011.

Atlas Logistics Group Retail Services (Phoenix) LLC (28-CA-023178) Tolleson, AZ. Charges filed by Joshua Graves, an Individual. Administrative Law Judge William Kocol issued his decision on February 12, 2011.

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Appellate Court Decisions

NLRB v. McElroy Coal Co.(6-CA-35806-1 & 4th Cir. 10-1989), February 18, 2011

In the first court of appeals' opinion deciding a former two-member case after New Process, the Fourth Circuit enforced the Board's order in an unpublished opinion. 

The underlying Board order found that McElroy unlawfully threatened an employee, a union committeeman, with having his vehicle towed out of the employer's parking lot because he displayed a sign on his car reading "We Don't Want Scabs" to protest McElroy's use of nonunion subcontractors.  The Board found the activity protected, and rejected McElroy's arguments to the contrary.  After procedural history explaining the original two-member decision, its remand following New Process, and the Board's issuance of a decision and order by a three-member panel, the Court held simply, "[b]ecause substantial evidence supports the Board's conclusion, we grant the petition for enforcement."

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

MemorialHospital of Salem County (The) (04-RC-21697) February 22, 2011. Order granting special permission to appeal.

NTN Bower Corporation (10-RD-01504) February 23, 2011. Order granting requests for review and remanding the case to the Regional Director.

CalhounCountyConsolidated Dispatch Authority (07-WH-00220) February 23, 2011. Certification of representative as bona fide under Section 7(b) of the Fair Labor Standards Act of 1938.

Master Security Company, LLC (05-RD-01493) February 24, 2011. Order affirming Regional Director’s dismissal of the petition.

American Red Cross, Carolinas Blood Services Region (11-RC-06732) February 25, 2011. Decision and certification of representative.

Support Services of America, Inc. (15-RM-00426) February 25, 2011. Decision and certification of representative.


C Cases

Comar, Inc. (04-CA-28570, et al.) February 22, 2011. Order denying Charging Party’s request for review of the Acting General Counsel’s decision affirming the Regional Director’s compliance determination.

Teamsters Local Union No. 377 a/w IBT (08-CA-39174) February 22, 2011. Order denying petitions to revoke subpoenas.

Decamp Bus Lines, Inc. (22-CA-29202) February 23, 2011. Order adopting Respondent to take action.

Michael R. Buttram, A Sole Proprietorship d/b/a Blue Dot Mechanical Insulation and/or Blue Dot Insulation Co. (08-CA-38708) February 23, 2011. Order adopting ALJ decision, Respondent to take action.

Barrier West, Inc. (19-CA-32892) February 23, 2011. Order transferring proceeding to the Board and notice to show cause why the Acting General Counsel’s motion should not be granted. (Briefs due on or before March 9, 2011).

HA Management and Oahu Publications Incorporated as Joint and/or Single Employers Doing Business as (37-CA-08074) February 24, 2011. Order denying petition to revoke subpoena.

Albertson’s LLC (28-CA-22546) February 25, 2011. Order adopting ALJ decision, Respondent to take action.

Sodexo American LLUBI (21-CA-39086, et al.) February 25, 2011. Order denying motion for default judgment.

Americanos U.S.A., LLC (28-CA-23187) February 25, 2011. Order denying motions for summary judgment.

BLSI LLC (09-CA-46091) February 25, 2011. Order transferring proceeding to the Board and notice to show cause why the Acting General Counsel’s motion should not be granted (briefs due on or before March 11, 2011)

Fred Meyer Stores, Inc. (19-CA-32311) February 25, 2011. Order denying motion for reconsideration.

 

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