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Summary of NLRB Decisions for Week of February 13 - 17, 2017

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

United Food and Commercial Workers Union, Local 4, affiliated with United Food and Commercial Workers Union (Safeway, Inc.)  (19-CB-009660; 365 NLRB No. 32)  Two Butte, MT, February 13, 2017.

The Board denied the Respondent Union’s motion for reconsideration in part and granted it in part.  In the underlying decision, the Board had found that the Respondent violated Section 8(b)(1)(A) by its failure to provide sufficiently verified financial information to an employee who objected to paying dues for non-representational matters.  In denying the motion in part, the Board rejected the Respondent’s arguments that the Board’s verification requirements were inconsistent with past Board decisions or otherwise inappropriate.  The Board granted the motion only insofar as it requested that, in the language of the Order, the Board consistently use the term “sufficiently verified” to describe the Respondent’s obligation with respect to the financial disclosure, as the Board found that this term was more consistent with Board law.

Charge filed by an individual.  Acting Chairman Miscimarra and Members Pearce and McFerran participated.

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Tschiggfrie Properties, Ltd.  (25-CA-161304; 365 NLRB No. 34)  Dubuque, IA, February 13, 2017.

The Board affirmed the Administrative Law Judge’s findings that the Respondent’s written warning to an employee for engaging in union discussions independently violated both Section 8(a)(1) and (3), and that the Respondent violated Section 8(a)(3) by discharging that same employee for engaging in union activity.  Additionally, the Board reversed the judge and found that the Respondent’s prehearing interviews with an employee violated Section 8(a)(1) because the Respondent questioned the employee about protected activity without complying with the Johnnie’s Poultry Co., 146 NLRB 770 (1964), safeguards.  A majority (Members Pearce and McFerran) found that the judge erred by applying the Rossmore House, 269 NLRB 1176 (1984), standard governing alleged interrogationsActing Chairman Miscimarra would have reached the same result under the “totality of the circumstances” standard that the Board adopted in Rossmore House, supra.  He did not reach and expressed no view as to whether an interview in preparation for an unfair labor practice hearing that does not strictly adhere to the Johnnie’s Poultry safeguards may nonetheless be noncoercive and lawful in certain circumstances. 

Charge filed by Teamsters Local 120, a/w International Brotherhood of Teamsters. Administrative Law Judge Keltner W. Locke issued his decision on June 24, 2016.  Acting Chairman Miscimarra and Members Pearce and McFerran participated.

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The Wang Theatre, Inc. d/b/a Citi Performing Arts Center  (01-CA-179293; 365 NLRB No. 33)  Boston, MA, February 14, 2017.

The Board denied the Respondent’s motion for reconsideration of the Board’s Decision and Order reported at 354 NLRB No. 146 (2016), on the basis that the Respondent had not identified any material error or demonstrated extraordinary circumstances warranting reconsideration.

Concurring, Acting Chairman Miscimarra agreed with his colleagues that the Respondent had not identified extraordinary circumstances warranting reconsideration.  In his view, although substantial questions exist as to whether the Respondent can properly be considered the employer of the local musicians the Union seeks to represent, the posture of the case did not permit the Board to address the merits of those questions.

Charge filed by Boston Musicians Association, a/w American Federation of Musicians Local Union No. 9-535, AFL-CIO.  Acting Chairman Miscimarra and Members Pearce and McFerran participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Columbia College Chicago  (13-RC-146452)  Chicago, IL, February 14, 2017.  The Board  denied the Intervenor-Union’s request for review of the Regional Director’s Decision and Order dismissing the Petitioner-Union’s petition for a self-determination election of certain dual function employees.  The Board affirmed the Regional Director’s dismissal of the petition on the basis that no party had argued that the petition should not have been dismissed.  See Williams-Sonoma Direct, Inc., 365 NLRB No. 13 (2017).  Petitioner— United Staff of Columbia College, IEA-NEA.  Intervenor— Part-Time Faculty Association at Columbia College.  Acting Chairman Miscimarra and Members Pearce and McFerran participated.

C Cases

Railserve, Inc.  (04-CA-161485)  Eddystone, PA, February 13, 2017.  No exceptions having been filed to the December 30, 2016 decision of Administrative Law Judge Susan A. Flynn’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 United Steel Workers of America, Local 10-1.

Emlo Corporation  (29-CA-135944)  Brooklyn, NY, February 17, 2017.  No exceptions having been filed to the January 4, 2017 decision of Administrative Law Judge Mindy E. Landow’s finding that the Respondent must make whole the Union Trust Funds by paying delinquent fringe benefit contributions under the terms of the Decision and Order issued on September 3, 2015 and enforced by the United States Court of Appeals for the Second Circuit, the Board ordered the Respondent to pay the amounts set forth in the recommended Order.  Charge filed by Asbestos, Lead 7 Hazardous Waste Laborers Union, Local 78, Laborers’ International Union of North America.

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Appellate Court Decisions

No Appellate Court Decisions involving Board Decisions to report.

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Administrative Law Judge Decisions

Omnisource Corporation  (08-CA-167138; JD-06-17)  Mansfield, OH.  Administrative Law Judge Paul Bogas issued his decision on February 13, 2017.  Charge filed by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied-Industrial and Service Workers International Union, AFL-CIO/CLC, Local 9130-03.

Simplex Grinnell, District 129  (01-CA-169310; JD-08-17)  Windsor, CT.  Administrative Law Judge David I. Goldman issued his decision on February 14, 2017.  Charge filed by Road Sprinkler Fitters Local Union No. 669, U.A., AFL-CIO.

Colorado Symphony Association  (27-CA-140724, et al.; JD-07-17)  Denver, CO.  Administrative Law Judge Geoffrey Carter issued his decision on February 14, 2017.  Charges filed by American Federation of Musicians of the United States and Canada, AFL-CIO/CLC.

Labor Plus, LLC, and its successor Wynn Las Vegas, LLC  (28-CA-161779 and 28-CA-166890; JD(SF)-07-17)  Las Vegas, NV.  Administrative Law Judge John T. Giannopoulos issued his decision on February 16, 2017.  Charges filed by International Alliance of Theatrical Stage Employees and Moving Picture Technicians, Artists and Allied Crafts of the United States and Canada Local Union 720 (IATSE).

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