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Notable Board Decisions

The Office of the Executive Secretary has identified the following Notable Board Decisions that may be of special interest to the labor-management community.  

These decision summaries are provided for informational purposes only and are not intended to substitute for the opinions of the National Labor Relations Board. 

Use this box to search the full text of all Notable Board Decisions, not just those on this page.
United States Postal Service, 364 NLRB No. 116 (08/27/2016)
This case discusses the appropriate standard to evaluate orders approving and incorporating settlement terms proposed by a respondent, over the objections of the General Counsel and the charging party.
Total Security Management, Inc., 364 NLRB No. 106 (08/26/2016)
This case discusses whether an employer has a statutory obligation to bargain before imposing discretionary discipline on unit employees, when a union has been certified or lawfully recognized as the employees’ representative but has not yet entered into a collective-bargaining agreement with the employer.
This case discusses whether unilateral, post-expiration discretionary changes are unlawful, notwithstanding an expired management-rights clause or an ostensible past practice of discretionary change developed under that clause.
The Pennsylvania Virtual Charter School, 364 NLRB No. 87 (08/24/2016)
This case discusses whether the Board has jurisdiction over a nonprofit corporation that operates a charter school, and, if so, whether the Board should decline to assert that jurisdiction as a matter of its discretion.
King Soopers, Inc., 364 NLRB No. 93 (08/24/2016)
This case discusses whether the Board should modify its make-whole remedy to require respondents to fully compensate discriminatees for search-for-work expenses and for expenses incurred in connection with interim employment.
This case discusses whether students who perform services at a university in connection with their studies are statutory employees within the meaning of Section 2(3) of the NLRA.
Graymont PA, Inc., 364 NLRB No. 37 (06/29/2016)
This case discusses whether the Board should overrule Raley's Supermarkets & Drug Centers, 349 NLRB 26 (2007), and hold that the test set out in Pergament United Sales, 296 NLRB 333 (1989), is applicable to issues involving a failure to timely disclose that requested information does not exist, and that a finding of violation is not necessarily precluded by the absence of a specific complaint allegation.
Loomis Armored US, Inc., 364 NLRB No. 23 (06/09/2016)
This case discusses whether the Board should overrule Wells Fargo Corp., 270 NLRB 787 (1984), and find that an employer of security guards that has voluntarily recognized a “mixed-guard” union as its guards’ representative must continue to recognize and bargain with the union unless and until it is shown that the union has actually lost majority support among unit employees.
American Baptist Homes of the West d/b/a Piedmont Gardens, 364 NLRB No. 13 (05/31/2016)
This case discusses the phrase “independent unlawful purpose” as used in Hot Shoppes, 146 NLRB 802 (1964), and whether it includes an employer’s intent to discriminate or to encourage or discourage union membership, and does not require that the unlawful purpose be unrelated to or extrinsic to the parties' bargaining relationship or the underlying strike. In Hot Shoppes, the Board stated that NLRB v. Mackay Radio & Telegraph Co., 304 U.S. 333 (1938), and its progeny establish that an employer may permanently replace economic strikers at will, and thus that the motive for doing so is immaterial absent evidence of an “independent unlawful purpose.”
TRANSDEV SERVICES, INC., 363 NLRB No. 188 (05/12/2016)
This case discusses whether the road supervisors and lead road supervisors for the Employer—a provider of van service to a metropolitan transit authority—possess the authority to discipline, to effectively recommend discipline, or to reward sufficient to confer statutory supervisory status.
Roy Spa, LLC, 363 NLRB No. 183 (05/10/2016)
This case discusses whether an administrative law judge abused his discretion in granting the General Counsel’s late request for an extension of time to respond to an applicant’s application for an award of fees and expenses under the Equal Access to Justice Act.
Rochester Regional Joint Board, Local 14A, 363 NLRB No. 179 (04/29/2016)
This case discusses whether a successorship provision in a collective-bargaining agreement is a lawful successorship clause that does not restrict the Employer’s right to enter into any lease with a secondary employer, and therefore does not implicate “doing business” within the meaning of Section 8(e).
Premier Utility Services, LLC, a wholly owned subsidiary of USIC Locating Services, LLC, 363 NLRB No. 159 (04/05/2016)
This case discusses whether the Regional Director—in a mail-ballot election in which the final tally counted 34 votes out of 101 eligible voters—properly refused to count 55 additional ballots (including 48 ballots that were postmarked before the last day of the original voting period) that were received after the 1-week grace period provided by the postponed ballot count had expired.
Exemplar, Inc., 363 NLRB No. 157 (03/31/2016)
This case discusses whether a petitioned-for multifacility unit of janitorial services employees of an Employer that provides services at two Federal government facilities in San Francisco is appropriate for bargaining.
Columbia College Chicago, 363 NLRB No. 154 (03/24/2016)
This case discusses whether the Employer—a college—unlawfully failed to bargain with the Union about the effects of the Employer’s decision to reduce the number of credit hours awarded for certain courses, and if an award of negotiation expenses to the Union is an appropriate remedy for the Employer’s bargaining-related misconduct.
G4S Government Solutions, Inc., d/b/a WSI Savannah River Site, a/k/a WSI-SRS, 363 NLRB No. 113 (02/10/2016)
This case discusses whether lieutenants at the Employer’s nuclear power plant responsibly direct, assign, possess authority to discipline, or effectively recommend discipline sufficient to confer statutory supervisory status.
Guardsmark, Inc., 363 NLRB No. 103 (01/29/2016)
This case discusses whether to overrule Oregon Washington Telephone Co., 123 NLRB 339 (1959), and hold that the captive-audience speech prohibition in a mail-ballot election begins 24 hours before the ballots are scheduled to be mailed.
Veolia Transportation Services, Inc., 363 NLRB No. 98 (01/20/2016)
This case discusses whether the road supervisors for the Employer—that operates a public bus transportation system—possess the authority to discipline or to reward sufficient to confer statutory supervisory status.

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