Summary of NLRB Decisions for Week of January 28 - February 1, 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
Random Acquisitions, LLC (07-CA-052473, 359 NLRB No. 55) Battle Creek, MI, January 28, 2013.
The Board granted the Acting General Counsel’s motion for partial summary judgment on the gross backpay allegations in certain paragraphs of the compliance specification issued by the Regional Director. Specifically, the Board found that the respondent failed to deny the gross backpay allegations in those paragraphs with the specificity required by the Board’s rules and regulations, and it did not adequately explain its failure to do so. The Board remanded the case to the Regional Director for the purpose of arranging a hearing limited to taking evidence concerning the amounts of interim earnings and net backpay involved in those paragraphs and the remaining paragraphs of the compliance specification as to which summary judgment was not granted.
Charge filed by an Individual. Chairman Pearce and Members Griffin and Block participated.
Local 18, Sheet Metal Workers’ International Association (30-CD-078120, 359 NLRB No. 56) Pewaukee, WI, January 30, 2013.
The Board granted a motion to quash from Local Union 601 Steamfitters and Refrigeration/ Service Fitters (Local 601), and found no reasonable cause to believe that Section 8(b)(4)(D) has been violated and that there were no competing claims to the work in dispute. The Board found no evidence of an attempt by Local 601 to have any particular work reassigned to the employees it represents.
Charge filed by TOTAL Mechanical and Local 601 Steamfitters and Refrigeration/Service Fitters. Chairman Pearce and Members Griffin and Block participated.
Altura Concrete Corporation (22-CA-075740, 359 NLRB No. 57) Little Ferry, NJ, January 30, 2013.
The Acting General Counsel sought a default judgment in this case pursuant to the terms of a bilateral informal settlement agreement. The Board found that the respondent had violated the Act by discriminating in regard to the hire or tenure or terms or conditions of employment of its employees, thereby discouraging membership in a labor organization.
Charge filed by an individual. Chairman Pearce and Members Griffin and Block participated.
Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
Nipcam Centers of Delmarva, LLC (05-RC-093020) Seaford, DE, January 29, 2012. With no exceptions having been filed, the Board adopted the Regional Director’s findings and recommendations and ordered that the proceeding be remanded to the Regional Director for further appropriate action. Petitioner – United Food and Commercial Workers Union, Local 27 A/W United Food and Commercial Workers International Union.
Southern Monterey County Memorial Hospital, Inc. d/b/a George L. Mee Memorial Hospital (32-RC-090886) Greenfield & King City, CA, January 31, 2013. Order rescinding the Board’s decision and direction issued on January 25, 2013. Petitioner – National Union of Healthcare Workers.
Southern Monterey County Memorial Hospital, Inc. d/b/a George L. Mee Memorial Hospital (32-RC-090886) Greenfield & King City, CA, January 31, 2013. With no exceptions having been filed, the Board adopted the Regional Director’s findings and recommendations and remanded the proceeding to the Regional Director for further appropriate action. Petitioner – National Union of Healthcare Workers.
International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, its territories and Canada, Local 16 (20-CB-090776) San Francisco, CA, January 28, 2013. Order denying the union’s petitions to revoke subpoenas ad testificandum issued to individuals and subpoena duces tecum issued to the union’s custodian of records. Charge filed by an individual. Chairman Pearce and Members Griffin and Block participated.
UPMC and its subsidiaries UPMC Presbyterian Shadyside and Magee-Women’s Hospital of UPMC, single employer, d/b/a Shadyside Hospital and/or Presbyterian Hospital and/or Montefiore Hospital and/or Magee-Women’s Hospital (06-CA-081896, et al.) Pittsburg, PA, January 28, 2012. Order denying respondent’s motion for summary judgment. Charges filed by SEIU Healthcare Pennsylvania, CTW, CLC. Chairman Pearce and Members Griffin and Block participated.
Stamford Plaza Hotel and Conference Center (34-CA-092068) Stamford, CT, January 30, 2013. Order transferring proceeding to the Board and notice to show cause why the Acting General Counsel’s motion should not be granted. Charge filed by United Food and Commercial Workers Union, Local 37.
Appellate Court Decisions
Domsey Trading Corp., Board Case No. 29-CA-14548 (reported at 357 NLRB No. 180) (2d Cir. decided under the name Estate of Arthur Salm v. NLRB, January 30, 2013)
In an unpublished order, the Court enforced the Board’s backpay order against the employer’s major shareholder, affirming the Board’s decision to pierce the corporate veil.
This over 20-year old case asks whether one of the owners of Domsey Trading is personally liable for the backpay owed to approximately 200 unfair labor practice strikers whom Domsey refused to reinstate. While Domsey was fighting an administrative law judge’s decision that it owed over $1 million in backpay, co-owner Salm—who was personally aware of and involved in committing the underlying unfair labor practices—engineered the sale of a property Domsey owned for $12 million, earning the corporation $9 million in proceeds. Shortly thereafter, Salm wrote a $3.25 million check to himself, deposited it in his personal bank account, and then routed that money through two separate brokerage accounts before it ultimately landed back in a third account he owned. He also wrote a $4 million check to Domsey’s co-owner. Within a month, Domsey had less than a thousand dollars in its bank account and ceased operations. During this entire time, Domsey never informed the Board of any changes to its financial or operating status that might affect its ability to satisfy its backpay obligations.
On this record, the Court affirmed the Board’s application of White Oak Coal Co., 318 NLRB 732, 734-35 (1995), enforced mem., 81 F.3d 150 (4th Cir. 1996), to pierce the corporate veil and hold Salm personally liable for Domsey’s backpay obligations. (The co-owner had previously settled.) As the Court explained, under White Oak, the Board may pierce the veil if “(1) there is such unity of interest, and lack of respect given to the separate identity of the corporation by its shareholders, that the personalities and assets of the corporation and the individuals are indistinct, and (2) adherence to the corporate form would sanction a fraud, promote injustice, or lead to an evasion of legal obligations.” Regarding the first factor, the Court agreed that Salm’s “one major transaction” led the Board to “rightly conclude that . . . Salm had indeed abused the corporate form to such a degree—by drawing down virtually all the assets of the Domsey Trading Corporation for his personal use.” Next, the Court recognized that “[b]y removing nearly all the assets of the corporation . . . Salm made it likely that the corporation would be unable to meet its remedial obligations,” justifying the Board’s finding that the second White Oak factor was also met. While the Court noted that one Board member dissented, it characterized the Board majority and the dissent as “fairly conflicting views,” requiring the Court to defer to the majority. It therefore enforced the Board’s decision to pierce the corporate veil.
The Court’s summary opinion is available here.
Administrative Law Judge Decisions
FlexFrac Logistics LLC and Silver Eagle Logistics LLC, joint employers (16-CA-027978, JD(ATL)-03-13) Fort Worth, TX. Charge filed by an individual. Administrative Law Judge Margaret G. Brakebusch issued her decision on January 28, 2013.
Garda CL Great Lakes, Inc. (13-CA-081079, JD-01-13) Broadview, IL. Charge filed by United Armored Transporters of America. Administrative Law Judge Paul Bogas issued his decision on January 29, 2013.
American Baptist Homes of the West d/b/a Piedmont Gardens (32-CA-078124, et al., JD(SF)‑06‑13) Oakland, CA. Charges filed by Service Employees International Union, United Healthcare Workers-West. Administrative Law Judge Jay R. Pollack issued his decision on January 29, 2013.
Boch Imports, Inc. d/b/a Boch Honda (01-CA-071499, et al., JD(NY)-07-13) Norwood, MA. Charges filed by International Association of Machinists & Aerospace Workers, District Lodge 15, Local Lodge 447. Administrative Law Judge Raymond P. Green issued his decision on February 1, 2013.
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