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Summary of NLRB Decisions for Week of January 16 - 19, 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

No Published Decisions Issued

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

University of Chicago  (13-RC-198365)  Chicago, IL, January 18, 2018.  The Board denied the Employer’s Motion for Reconsideration of the Board’s December 15, 2017 Order granting in part and denying in part the Employer’s Request for Review of the Regional Director’s Supplemental Decision and Certification of Representative.  Petitioner – Teamsters Local 743.  Chairman Kaplan and Members Pearce and Emanuel participated.

Young Scholars of Western PA Charter School  (06-RC-210615)  Baldwin Township, PA, January 18, 2018.  The Board denied the Employer’s Request for Review of the Regional Director’s Decision and Direction of Election on the ground that it raised no substantial issues warranting review, and also denied the Employer’s Request to Stay the Election as moot.  The Petitioner seeks to represent a unit of professional employees working at the Employer’s charter school.  The Employer contended that several employees within the “coordinator” classification should be excluded from the unit as managers and that the Behavior Specialist/Special Education Paraprofessional should be excluded as a non-professional.  Member Emanuel noted that no party challenged the Board’s jurisdiction over the Employer.  Petitioner – Young Scholars of Western PA Education Association, PSEA/NEA.  Chairman Kaplan and Members Pearce and Emanuel participated.

G.F. Paterson Foods, LLC  (22-RD-210352)  Paterson, NJ, January 19, 2018.  The Board denied the Employer’s Request for Review of the Regional Director’s determination to hold the decertification petition in abeyance on the ground that it raised no substantial issues warranting review.  Chairman Kaplan and Member Emanuel noted that they would consider revising the Board’s blocking charge policy in a future appropriate case. Petitioner – an individual.  Union – United Food & Commercial Workers Union, Local 464-A.  Chairman Kaplan and Members Pearce and Emanuel participated.

Leggett & Platt, Inc.  (09-RD-200329)  Winchester, KY, January 19, 2018.  The Board denied the Petitioner’s Request for Review of the Regional Director’s determination to hold the petition in abeyance as it raised no substantial issues warranting review.  Chairman Kaplan noted that he would consider revisiting the Board’s blocking charge policy in a future appropriate case. Petitioner – an individual.  Union – International Association of Machinists and Aerospace Workers (IAM), AFL-CIO.  Chairman Kaplan and Members Pearce and McFerran participated.

Needham Excavating, Inc.  (25-RD-195949)  Walcott, IA, January 19, 2018.  The Board (Chairman Kaplan and Member McFerran; Member Pearce, dissenting) denied the Union’s Request for Review of the Regional Director’s Decision and Direction of Elections as it raised no substantial issues warranting review.  The Board majority agreed with the Regional Director that her determination that two separate elections were appropriate did not cause one of the elections to be untimely filed.  Member Pearce, dissenting, would grant the Union’s Request for Review and remand the case to the Regional Director.  Member Pearce believes that the amendment to the petition at the hearing implicated the contract bar rule and that the bar prevented an election in one of the petitioned for units.  Petitioner – an individual.  Union – International Union of Operating Engineers, Local 150, AFL-CIO.  Chairman Kaplan and Members Pearce and McFerran participated.

C Cases

McDonald’s USA, LLC, a joint employer, et al.  (02-CA-093893, et al. and 04-CA-125567 et al.)  New York, NY, January 16, 2018.  The Board granted the Respondent’s Request for Special Permission to Appeal the Administrative Law Judge’s Order and Supplemental Order regarding the creation of an expert report regarding the anticipated testimony of an expert witness.  On the merits, the Board reversed the judge’s ruling, finding that the Board has not previously imposed such a requirement and that there was no demonstrated need for an expert report that could not be met by alternative measures.  The Board denied the Respondent’s Request for Special Permission to Appeal the judge’s Order granting the petitions to revoke subpoenas duces tecum served by the Respondent on certain Charging Party Unions, an employee of one of the Charging Parties, and a non-party.  Chairman Kaplan and Member Emanuel stated their view that the Respondent’s Request was controlled by a previous Board decision denying the Respondent’s Request to Appeal the judge’s earlier order on essentially the same subpoena issue, and expressed no opinion whether that request was correctly denied.  Charges filed by Fast Food Workers Committee and Service Employees International Union, CTW, CLC, et al.  Chairman Kaplan and Members McFerran and Emanuel participated.

Marquez Brothers Enterprises, Inc.  (21-CA-039581 and 21-CA-039609)  City of Industry, CA, January 17, 2018  The Board denied the Respondent’s Motion for Reconsideration of the Board’s Order granting the General Counsel’s Special Appeal of the Administrative Law Judge’s ruling prohibiting the General Counsel from questioning any witnesses other than the compliance officer concerning the discriminatees’ interim earnings.  The Board found that the Respondent failed to identify any material error or demonstrate extraordinary circumstances warranting reconsideration.  Charges filed by individuals.  Chairman Kaplan and Members Pearce and McFerran participated.

Ampersand Publishing, LLC d/b/a Santa Barbara News-Press  (31-CA-029759, et al.)  Santa Barbara, CA, January 19, 2018.  The Board denied the Respondent’s Motion to Dismiss the Third Consolidated Complaint or, alternatively, for Summary Judgment, on the ground that the Respondent had failed to establish there are no genuine issues of material fact warranting a hearing and that it was entitled to judgment as a matter of law.  Charges filed by Graphic Communications Conference, International Brotherhood of Teamsters.  Chairman Kaplan and Members Pearce and Emanuel 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

UPMC and its subsidiary, UPMC Presbyterian Shadyside, single employer, d/b/a UPMC Presbyterian Hospital and d/b/a UPMC Shadyside Hospital  (06-CA-171117, et al.; JD-03-18)  Pittsburgh, PA.  Administrative Law Judge Thomas M. Randazzo issued his decision on January 18, 2018.  Charges filed by SEIU Healthcare Pennsylvania, CTW, CLC.

XPO Logistics Freight, Inc.  (12-CA-179859; JD-04-18)  Hialeah, FL.  Administrative Law Judge Arthur J. Amchan issued his decision on January 19, 2018.  Charge filed by International Brotherhood of Teamsters, Local Union No. 769.

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