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Weekly Summary for the week of February 28 to March 4, 2011

The Weekly Summary of 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

San JuanBautista Medical Center(24-CA-11419; 356 NLRB No. 102) Caguas, PR, February 28, 2011.

The Board found that the employer, a hospital, violated the Act by failing to pay its employees a Christmas bonus guaranteed by the collective bargaining agreement between the employer and the union.  The Board declined to defer the case to arbitration because the employer and union did not have a long and productive bargaining relationship, and because resolution of the case did not require interpretation of the collective bargaining agreement. 

The charge was filed by Hermandad De Empleados De La Salud Y Otras Agencias.  Administrative Law Judge William N. Cates issued his decision on July 14, 2010.  Chairman Liebman and Members Becker and Pearce participated.

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CHS Community Health Services, Inc., MimbresMemorial Hospital and Nursing Home(28-CA-16762 et al.; 356 NLRB No. 103) Deming, NM, February 28, 2011. 

The Board adopted the judge’s findings that the Board’s remedial order in the underlying unfair labor practice decision (342 NLRB 398 (2004), enforced 483 F. 3d 683 (10th Cir. 2007)) applies to all full-time respiratory department employees, as defined by the judge, including those hired into the unit after the Respondent unilaterally reduced their hours.

Administrative Law Judge William L. Schmidt issued his supplemental decision on July 29, 2010.  Chairman Liebman and Members Pearce, and Hayes participated. 

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Glaziers District Council 16 (MALV, Inc. d/b/a Service West) (20-CD-00750, et al.; 356 NLRB No. 105), San Francisco, CA, March 1, 2011.

The Board in this Decision and Determination of Dispute under Section 10(k) of the Act decided that employees represented by the Carpenters rather than employees represented by the Glaziers were entitled to continue to perform the disputed work. The disputed work constituted the installation of demountable floor-to-ceiling wall systems with glass partitions.  In making its determination the Board relied on the factors of the Carpenters’ Agreement, employer preference, current assignment and past practice, area practice, relative skills and training, and economy and efficiency of operations. 

The Board also quashed the notice of hearing as to the Trades Council which sanctioned the Glaziers’ picketing.  The Board noted that the Trades Council knew only that there were competing claims to the work by the Carpenters and the Glaziers, that there were conflicting claims over whether the Employer was complying with area standards, and that there was no evidence showing that the Trades Council participated in the Glaziers’ picketing, represented employees doing the disputed work, or claimed the disputed work either independently or with the Glaziers.  Member Hayes dissented on this issue and found that the evidence was sufficient to establish reasonable cause to believe that the Trades Council violated the Act. 

Finally, the Board issued a narrow award limited to the jobsite where the unlawful conduct occurred.  The Board noted that even assuming that the disputed work had been a continuing source of controversy and was likely to recur, there was no previous 10(k) determination by the Board involving an attempt by the Glaziers to force the assignment of the disputed work to the employees it represented.  Therefore there was no evidence that the Glaziers had a proclivity to use proscribed means to obtain work similar to the work in dispute and a broad award extending beyond the current controversy was unwarranted. 

Chairman Liebman and Members Pearce and Hayes participated.

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ACE Green, LLC (02-CA-39331; 356 NLRB No. 97), Briarcliff Manor, NY, March 1, 2011.

The Board granted the General Counsel’s motion for default judgment on the grounds that the respondent failed to file a sufficient answer to the complaint.

Chairman Liebman and Members Pearce and Hayes participated.

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Frenchtown Acquisition Company, Inc. d/b/a Fountain View of Monroe (07-CA-52888 et al., 356 NLRB No. 94), Monroe, MI, March 2, 2011.

Test of Certification: The Board granted the Acting General Counsel’s motion for summary judgment in this unfair labor practice case on the ground that the respondent did not raise any issues that were not, or could not have been, litigated in the underlying representation case in which the union was certified as the bargaining representative.

(Council 25, American Federation of State, County and Municipal Employees (AFSCME), AFL-CIO, and its affiliated Local 1548) Chairman Liebman and Members Becker and Hayes participated. 

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Wyndham Resort Development Corp. d/b/a  Worldmark by Wyndham (28-CA-22680, 356 NLRB No. 104), Las Vegas, NV, March 2, 2011.

The Board (Member Hayes dissenting) reversed the judge’s decision and found that an individual employee was engaged in protected concerted activity when he questioned his supervisor, in front of a number of his co-workers, about a newly-promulgated dress code change.  The Board therefore found that the Respondent violated the Act by issuing a written warning for the employee's actions.

Charge filed by an individual.  Administrative law judge Burton Litvack issued his decision on August 18, 2010.  Chairman Liebman, and Members Becker and Hayes participated.

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Southern California Permanente Medical Group; and Kaiser Foundation Hospitals (21-CA-39296; 356 NLRB No. 106), Los Angeles, CA, March 3, 2011.

In the absence of exceptions, the Board adopted the administrative law judge’s findings that the Respondents violated Section 8(a)(5) and (1) of the Act by unilaterally withholding a scheduled wage increase, tuition reimbursement for continuing education courses, and paid time off for steward training for employees in three of the Respondents’ bargaining units. At the requests of the parties, the Board corrected an error in the administrative law judge’s decision.

Charges filed by National Union of Healthcare Workers. Hearing at Los Angeles, California, October 18 and 19, 2010. Adm. Law Judge William L. Schmidt issued his decision December 13, 2010. Chairman Liebman, and Members Pearce, and Hayes participated.

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Mi Pueblo Foods, Inc. (32-CA-25518; 356 NLRB No. 107), San Jose, CA, March 4, 2011.

Test of Certification: The Board granted the Acting General Counsel’s motion for summary judgment in this unfair labor practice case on the ground that the respondent did not raise any issues that were not, or could not have been, litigated in the underlying representation case in which the union was certified as the bargaining representative.

Chairman Liebman and Members Becker and Hayes participated.

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Decisions of Administrative Law Judges

El Paso Electric Company (28-CA-20136, JD(SF)-04-11) El Paso, TX. Charge filed by International Brotherhood of Electrical Workers, Local Union 960, AFL-CIO. Administrative Law Judge John J. McCarrick issued his decision on March 2, 2011.

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Gestamp South Carolina, LLC (11-CA-22595, et al., JD-09-11) Union SC. Charge filed by Individuals. Administrative Law Judge Ira Sandron issued his decision on March 2, 2011.

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Public Service Company of New Mexico (28-CA-23148, JD(SF)-06-11) Albuquerque, NM. Charge filed by International Brotherhood of Electrical Workers, Local Union No. 611, AFL-CIO. Administrative Law Judge Burton Litvack issued his decision on March 2, 2011.

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Appellate Court Decisions

No Appellate Court Decisions involving NLRB cases were issued this week.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Parasys Inc. (02-RD-01589) February 28, 2011. Decision and certification of results of election.

Recall Secure Destruction Services, Inc. (09-RC-18280) March 1, 2011. Decision and certification of representative.

VattercottCollege North Park (14-RC-12813) March 1, 2011. Order denying request for review.

Villageof VernonHills (13-WH-00011) March 4, 2011. Certification of representative as bona fide under Section 7(b) of the Fair Labor Standards Act of 1938. 

C Cases

GoddardRiverside Community Center (02-CA-39604) February 28, 2011. Order denying motion to dismiss.

Driftwood Healthcare Center-Santa Cruz (32-CA-25333) February 28, 2011. Order denying petition to revoke subpoena.

Veritas Health Services, Inc. d/b/a Chino Valley Medical Center (31-CA-29937) February 28, 2011. Order denying petition to revoke subpoena.

HawaiiTribune-Herald (37-CA-07043 et al.) March 2, 2011. Notice and invitation to file briefs. Briefs due on or before April 1, 2011 and response to briefs due on or before April 15, 2011.

Ruan Transportation (13-CA-46555) March 3, 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 17, 2011.

United Healthcare Workers West (California Hospital Medical Center) (21-CB-15050) March 3, 2011. Order denying petitions to revoke subpoena duces tecum B-631004 and subpoenas ad testificandum A-854529, A-854530 and A-854531.

Station Casinos, Inc. d/b/a Aliante Station, Boulder Station, Palace Station, Red Dock Station, Sant (28-CA-22918) March 3, 2011. Order granting special permission to appeal.

Apex Electric Services Inc. and Apex Industrial Services, Inc. (12-CA-24200 et al.) March 4, 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 18, 2011.

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