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Summary of NLRB Decisions for Week of February 12 - 16, 2018

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

Cranesville Block Co., Inc.  (03-CA-209124; 366 NLRB No. 18)  Amsterdam, NY, February 13, 2018.

The Board granted the General Counsel’s Motion for Summary Judgment in this test-of-certification case on the ground that the Respondent failed to raise any issues that were not, or could not have been, litigated in the underlying representation proceeding in which the Union was certified as the bargaining representative.

Charge filed by International Brotherhood of Teamsters, Local 294.  Chairman Kaplan and Members Pearce and Emanuel participated. 

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Liberty Bakery Kitchen, Inc.  (01-CA-181081 and 01-CA-191349; 366 NLRB No. 19)  Brockton, MA, February 16, 2018.

The Board adopted the Administrative Law Judge’s conclusion that the Respondent violated Section 8(a)(5) and (1) by unlawfully withdrawing recognition from the Union, noting that the document the Respondent relied on in withdrawing recognition contained no statement indicating employees’ desires as to Union representation at all.  Member McFerran included a personal footnote in which she called the rationale of one of the cited cases into question.  The Board found that a written addition to the document presented to the Respondent only represented the views of the employee who added that language and rejected the Respondent’s argument that its withdrawal of recognition was justified by its concerns about potential Section 8(a)(2) liability.  In a personal footnote, Chairman Kaplan stated that he did not rely on the judge’s statement that the Respondent’s request that an employee add more language to the document revealed that the Respondent regarded the document as unclear.  The Board also adopted the judge’s conclusion that the Respondent violated Section 8(a)(5), (3), and (1) by granting a wage increase, but it did not rely on the judge’s discussion of NLRB v. Exchange Parts Co., 375 U.S. 405 (1964).  The Board relied on the pretextual justifications for the wage increase, the timing of the wage increase, the lack of a past practice of granting comparable wage increases, and the descriptions of the wage increase in the Respondent’s campaign literature in adopting the judge’s animus finding, and Member Pearce added a personal footnote indicating that he would also rely on several additional facts in adopting the judge’s animus finding. 

Charges filed by International Brotherhood of Teamsters, Local 653.  Administrative Law Judge Elizabeth M. Tafe issued her decision on May 25, 2017.  Chairman Kaplan and Members Pearce and McFerran participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Recology, Inc. d/b/a Hay Road Landfill  (20-UC-191943)  Vacaville, CA, February 13, 2018.  The Board (Chairman Kaplan and Member Emanuel; Member Pearce, dissenting) granted the Employer’s Request for Review of the Regional Director’s Decision and Clarification of Bargaining Unit to determine whether the Regional Director’s finding that the Employer’s Material Receiving Coordinators constitute an appropriate accretion to the unit is consistent with the standard articulated in Safeway Stores, Inc., 256 NLRB 918 (1981).  Dissenting, Member Pearce would have denied review, finding that the Regional Director correctly considered all of the traditional factors in determining that the Material Receiving Coordinators share an overwhelming community of interest with existing bargaining unit employees, and that their accretion is thus consistent with Safeway.  Petitioner – Teamsters Local 315.  Chairman Kaplan and Members Pearce and Emanuel participated.

Bay at North Ridge Health and Rehabilitation Center, LLC  (18-RD-208565)  Manitowoc, WI, February 14, 2018.  The Board denied the Employer’s Request for Review of the Regional Director’s administrative dismissal of the petition as it raised no substantial issues warranting review.  Petitioner – an individual.  Union – SEIU Health Care Wisconsin.  Chairman Kaplan and Members Pearce and McFerran participated.

C Cases

Ulliman Schutte Construction, LLC  (05-CA-188093)  Rockville, MD, February 15, 2018.   The Board denied the Respondent’s Motion for Partial Summary Judgment, finding that the Respondent failed to establish that there are no genuine issues of material fact warranting a hearing and that it is entitled to judgment as a matter of law.  Charge filed by International Union of Operating Engineers, Local 542, AFL-CIO.  Chairman Kaplan and Members Pearce and McFerran participated.

Midwest Terminals of Toledo International, Inc.  (08-CA-195939)  Toledo, OH, February 15, 2018.  The Board denied the Employer’s Petition to Revoke investigative subpoenas duces tecum and ad testificandum, finding that the subpoenas sought information relevant to the matter under investigation and described with sufficient particularity the evidence sought, and that the Employer failed to establish any other legal basis for revoking the subpoenas.  Charge filed by International Longshoremen’s Association, Local 1982.  Chairman Kaplan and Members Pearce and Emanuel participated.

Velox Express, Inc.  (15-CA-184006)  Little Rock, AR, February 15, 2018.  The Board issued a Notice and Invitation to File Briefs, inviting the parties and interested amici to file briefs on the issue of under what circumstances, if any, the Board should deem an employer’s act of misclassifying statutory employees as independent contractors a violation of Section 8(a)(1).  The parties and amici may file briefs with the Board by April 16, 2018; parties may file responsive briefs by April 30, 2018.  Charge filed by an individual. 

Wynn Las Vegas, LLC  (28-CA-193230, et al.)  Las Vegas, NV, February 16, 2018.  The Board denied the Respondent’s Motion to Dismiss, or in the Alternative, Motion for Summary Judgment, finding that the Respondent failed to establish that there are no genuine issues of material fact warranting a hearing and that it is entitled to judgment as a matter of law, in light of the General Counsel’s amendments to, and notice of intent to further amend, the amended consolidated complaint.  The denial is without prejudice to the Respondent’s right to renew its arguments to the Administrative Law Judge and before the Board on any exceptions that may be filed to the judge’s decision, if appropriate.  Charges filed by individuals.  Chairman Kaplan and Members Pearce and McFerran participated.

United Parcel Service, Inc.  (18-CA-193426)  Coralville, IA, February 16, 2018.  No exceptions having been filed to the January 5, 2018 decision of Administrative Law Judge Andrew S. Gollin’s finding that the Respondent had engaged in certain unfair labor practices, the Board adopted the judge’s findings and conclusions, and ordered the Respondent to take the action set forth in the recommended Order.  Charge filed by an individual.

Gruma Corporation d/b/a Mission Foods  (04-CA-199438, et al.)  Mountain Top, PA, February 16, 2018.  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.  The complaint had alleged Section 8(a)(5), (3), and (1) violations, including withdrawing recognition and engaging in bad faith bargaining, unilaterally changing terms of conditions of employment, suspending and discharging employees because of their union activity, threatening employees with job loss and plant closure, instigating and assisting employees’ decertification efforts, and numerous other violations.  Charges filed by United Food and Commercial Workers Local 1776.  Chairman Kaplan and Members Pearce and McFerran 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

Baylor University Medical Center  (16-CA-195335; JD-11-18)  Dallas, TX.  Administrative Law Judge Robert A. Ringler issued his decision on February 12, 2018.  Charge filed by an individual.

San Rafael Healthcare and Wellness, LLC  (20-CA-204948; JD(SF)-02-18)  San Rafael, CA.  Administrative Law Judge Jeffrey D. Wedekind issued his decision on February 14, 2018.  Charge filed by National Union of Healthcare Workers.

Salem Hospital Corporation a/k/a The Memorial Hospital of Salem County  (04-CA-130032; JD-12-18)  Salem, NJ.  Administrative Law Judge Arthur J. Amchan issued his supplemental decision on February 14, 2018.  Charge filed by Health Professional and Allied Employees, AFT/AFL-CIO.

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