Summary of NLRB Decisions for Week of January 30 - February 3, 2012
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
Southwest Regional Council of Carpenters, Carpenters Local 1507 (Perry Olsen Drywall, Inc.) (27-CB-5723; 358 NLRB No. 3) West Jordan, UT, February 2, 2012.
The Board found that the union violated Section 8(b)(1)(A) and 8(b)(2) of the Act by refusing to let an individual pay the union’s nonmember registration fee and sign its exclusive out-of-work list as a nonmember applicant for employment, and accordingly causing Perry Olsen Drywall, Inc., to refuse to hire the individual, all because he questioned the validity of the Union’s hiring hall procedures under right-to-work laws. The Board agreed with the Administrative Law Judge’s conclusion that the union departed from its established hiring hall procedures by refusing to let the individual pay the nonmember fee and sign the out-of-work list, and that the refusal was unrelated to the union’s valid eligibility rules and was not otherwise justified by any legitimate consideration. The Board thus agreed with the judge that the union’s conduct was arbitrary and violated its duty of fair representation.
Charge filed by an individual. Administrative Law Judge Lana H. Parke issued her decision on September 22, 2011. Chairman Pearce and Members Hayes and Griffin, Jr. participated.
Apollo Detective, Inc. (13-CA-61510; 358 NLRB No. 1) Calumet Park, IL, January 31, 2012.
The Acting General Counsel sought a default judgment in this case on the ground that the respondent failed to file an answer to the consolidated complaint and compliance specification. The Board found that the respondent violated the Act by failing to remit to the union any dues deducted pursuant to the terms of the collective-bargaining agreement, and by interfering with, restraining, or coercing employees in the exercise of the rights guaranteed them.
Charge filed by Service Employees International Union, Local 1. Chairman Pearce and Members Hayes and Griffin, Jr. participated.
Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
Benedictine Hospital (3-RD-1594) Kingston, NY, January 30, 2012. Decision and certification of representative. Petitioner – New York State Nurses Association.
Mission of the Immaculate Virgin for the Protection of Homeless and Destitute Children, Inc. (29-RC-67011) January 31, 2012. Order denying the employer’s and petitioner’s requests for review of the Regional Director’s decision and direction of election. Petitioner – Retail, Wholesale, Department Store Union, United Food and Commercial Workers, Local 338. Chairman Pearce and Members Hayes and Griffin, Jr. participated.
Villa Park Combo, Inc. (13-RD-2657) St. Elgin, IL, January 31, 2012. Decision and certification of results of election. Petitioner – Office and Professional Employees International Union, Local 35.
United Steel Workers, Local 4-406 (22-CB-11104) Newark, NJ, January 30, 2012. Order adopting the findings and conclusions of the Administrative Law Judge and ordering the respondent to take the action set forth in the order. Charges filed by individuals.
L&W Engineering, Inc. (7-CA-53708) Belleville, MI, January 30, 2012. Order adopting the findings and conclusions of the Administrative Law Judge and dismissing the complaint. Charge filed by an individual.
American Red Cross, Blood Services, Connecticut Region (34-CA-12422, et al.) Farmington, CT, January 31, 2012. Order granting motion to remand matter to the Regional Director for further appropriate action. Charges filed by American Federation of State, County and Municipal Employees, Local 3145.
Ferguson Enterprises, Inc. (7-CA-52306) Detroit, MI, January 31, 2012. 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 an individual.
Bay Area Beverage Company (32-CA-63723) Richmond, CA, February 1, 2012. 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 International Brotherhood of Teamsters, Change to Win, Teamsters, Local 853.
Grane Healthcare Co. and/or Ebensburg Care Center, LLC d/b/a Cambria Care Center, a single employer (6-CA-36791, et al.) Ebensburg, PA, February 2, 2012. Order denying motion for reconsideration. Charges filed by Professional and Public Service Employees of Cambria County a/w The Laborers’ International Union of North America, Local 1305. Chairman Pearce and Members Hayes and Griffin, Jr. participated.
Open Door Retail Group, Inc. (16-CA-28083) Houston, TX, February 2, 2012. Revised notice to show cause. Charge filed by an individual.
Diversified Enterprises, Inc. (9-CA-43110) Mount Hope, WV, February 3, 2012. 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 Mid-Atlantic Regional Council of Carpenters West Virginia District, United Brotherhood of Carpenters and Joiners of America.
Appellate Court Decisions
Jackson Hospital Corp., Board Case No. 9-CA-37734 (published at 355 NLRB No. 114) (6th Cir. decided January 31, 2012)
In a published opinion, the Court enforced the Board's order in full, agreeing that the Board properly calculated backpay for an employee whom the Hospital unlawfully discharged for striking in 2000.
In so holding, the Court first concluded that the employee's right to reinstatement and backpay did not toll when she was convicted of attempting to obtain Demerol for a toothache while falsely denying that she already had received Percocet. As the Board found, that conviction would not preclude continued employment; the Hospital had retained a coworker who was convicted of concealing her husband's home marijuana growing business, as well as other coworkers who participated in the Hospital's employee assistance program for substance abuse issues. Moreover, the employee's work did not give her access to controlled substances.
Next, the Court rejected the Hospital's claim that the employee incurred a willful loss of earnings by quitting interim employment. Instead, it agreed with the Board that the credited evidence demonstrated that the employee reasonably quit because the interim job was incompatible with her child care responsibilities. Finally, the Court held that the Hospital failed to prove that it would have discharged the employee for taking an extended maternity leave, again concurring with the Board that nothing in the Hospital's policies foreclosed an eight-month leave.
The Court's opinion is available here.
Decisions of Administrative Law Judges
Weyerhaeuser Company (19-CA-33069, et al.; JD(SF)-02-12) Longview, WA. Charges filed by Association of Western Pulp and Paper Workers. Administrative Law Judge Eleanor Laws issued her decision on January 30, 2012.
American Red Cross Arizona Blood Services Region (28-CA-23443; JD(SF)-04-12) Phoenix and Tucson, AZ. Charge filed by an individual. Administrative Law Judge Gregory Z. Meyerson issued his decision on February 1, 2012.
Quality Health Services of Puerto Rico, Inc. d/b/a Hospital San Cristobal (24-CA-11782, et al.; JD-05-12) Coto Laurel, PR. Charges filed by Unidad Laboral de Enfermeras(os) Y Empleados de La Salud. Administrative Law Judge Geoffrey Carter issued his decision on February 2, 2012.
Big Moose, LLC (15-CA-19735 and 15-CB-5998; JD(ATL)-04-12) New Orleans, LA. Charges filed by an individual. Administrative Law Judge Michael A. Marcionese issued his decision on February 2, 2012.
Station Casinos, Inc., Aliante Gaming, LLC, Boulder Station, Inc., d/b/a Boulder Station Hotel & Casino, Palace Station Hotel & Casino, Inc., d/b/a Palace Station Hotel & Casino, a single employer (28-CA-23436, et al.; JD(SF)-05-12) Las Vegas, NV. Charges filed by Local Joint Executive Board of Las Vegas, Culinary Workers Union, Local 226 and Bartenders Union, Local 165, affiliated with UNITE HERE, AFL-CIO. Administrative Law Judge Gerald M. Etchingham issued his decision on February 2, 2012.
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