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Cases and Decisions

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Summary of NLRB Decisions for Week of January 22 - 26, 2024

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 the Executive Secretary at 202‑273‑1940.

Summarized Board Decisions

Hudson Institute of Process Research, f/k/a Hudson, a Professional Corporation and HIPR PACSOFT Technologies Inc.  (06-CA-281972, et al.; 373 NLRB No. 11)  Pittsburgh, PA, January 26, 2024.

Having previously granted the General Counsel’s Request for Special Permission to Appeal the Administrative Law Judge’s order changing the format and location of the hearing from videoconference to in-person, the Board denied the special appeal on the merits as to the portion of the judge’s order setting an in-person hearing.  The Board found that the General Counsel failed to show that the judge abused her discretion.  The Board denied the remainder of the General Counsel’s appeal, which objected to the date and location set by the judge, as moot, as the date for the hearing had passed.  The Board majority (Members Prouty and Wilcox) remanded the matter to the Regional Director to set a new hearing date and location and to make arrangements for conducting the in-person hearing ordered by the judge.  Member Kaplan, concurring in part and dissenting in part, joined in denying the special appeal but disagreed with the majority’s decision to return the matter to the Regional Director.  He also expressed concerns about the current division of authority in the Board’s Rules and Regulations between the Regional Director and the judge for setting the venue and hearing schedule.

Charges filed by United Electrical, Radio & Machine Workers of America.  Members Kaplan, Prouty, and Wilcox participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Wideopenwest Illinois, LLC (Astound Broadband)  (13-RC-274653)  Warrenville, IL, January 22, 2024.  The Board denied the Petitioner's Request for Review of the Regional Director's Supplemental Decision and Direction of Second Election as it raised no substantial issues warranting review.  The Board also denied the Petitioner's request to stay the election as moot.  Petitioner— International Brotherhood of Electrical Workers Local Union 21.  Chairman McFerran and Members Prouty and Wilcox participated.

Raimore Construction, LLC  (19-RC-300998)  Portland, OR, January 25, 2024.  The Board (Chairman McFerran and Member Prouty; Member Kaplan, dissenting) denied the Employer’s Request for Review of the Regional Director’s Decision and Direction of Election as it raised no substantial issues warranting review.  Dissenting, Member Kaplan concluded that the Regional Director erred by finding that the Employer failed to meet its burden to establish that the cessation of its steel division was both definite and imminent, and therefore would grant review, reverse the Regional Director’s decision, vacate the Petitioner’s certification, and dismiss the petition.  Petitioner—Iron Workers District Council of the Pacific Northwest & Affiliated Iron Worker Local #14, #29, and #86 of the International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers.  Chairman McFerran and Members Kaplan and Prouty participated.

C Cases

United States Postal Service  (10-CA-290918, et al.)  Columbia, TN, January 22, 2024.  In this case alleging Section 8(a)(5) and (1) violations, the Board approved a formal settlement stipulation between the Respondent, the Charging Party, and the General Counsel, and specified actions the Respondent must take to comply with the Act.  Charges filed by American Postal Workers Union d/b/a Columbia TN Local #353 a/w American Postal Workers Union, AFL-CIO. Chairman McFerran and Members Kaplan and Wilcox participated.

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Appellate Court Decisions

No Appellate Court Decisions involving Board Decisions to report.

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Administrative Law Judge Decisions

General Motors, LLC  (07-CA-287479; JD-05-24)  Lansing, MI.  Administrative Law Judge Renée D. McKinney issued her decision on January 24, 2024.  Charge filed by an individual.

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