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Summary of NLRB Decisions for Week of January 2 - 5, 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

International Brotherhood of Electrical Workers, Local 332 (Rudolph and Sletten and George Family Enterprises)  (32-CD-198681; 365 NLRB No. 171)  Cupertino, CA, January 3, 2018.  Errata issued January 4, 2018.  Errata   Amended Decision.

In this jurisdictional dispute under Section 10(k), the Board found that the International Brotherhood of Electrical Workers, Local 332, and the United Brotherhood of Carpenters and Joiners of America, Local Union No. 405, claimed certain illuminated and non-illuminated stretch fabric ceiling system work at one of the Employer’s job sites; that there was reasonable cause to believe that Section 8(b)(4)(D) had been violated by the Electrical Workers’ threat to “wobble” the worksite; and that there was no voluntary method for adjusting the dispute.  The Board then evaluated the dispute under its established 10(k) factors and awarded the disputed work to employees represented by the Carpenters, based on the factors of collective bargaining agreements, employer preference, current assignment and past practice, industry and area practice, relative skills, and economy and efficiency of operations.

Charge filed by Rudolph and Sletten.  Chairman Kaplan and Members Pearce and McFerran participated.

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Pro Works Contracting, Inc.  (21-CA-120477 and 21-CA-121946; 366 NLRB No. 1)  El Cajon, CA, January 4, 2018.

The Board granted the General Counsel’s Motion for Default Judgment based on the Respondent’s failure to file an answer to the General Counsel’s compliance specification.  Accordingly, the Board ordered the Respondent to make the discriminatees whole by paying the backpay due as stated in the compliance specification.

Charges filed by Iron Workers Local 229, International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, AFL-CIO.  Members Pearce, McFerran, and Emanuel participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

National Express The Ride  (01-RC-212044)  Hyde Park, MA, January 2, 2018.  The Board granted a postponement requested by the Employer.  Petitioner – International Brotherhood of Teamsters, Local Union 25.  Members Pearce, McFerran, and Emanuel participated.

New Foundations Charter School, Inc.  (04-RC-199928)  Philadelphia, PA, January 3, 2018.  The Board (Members Pearce and McFerran; Member Emanuel, dissenting)  denied the Employer’s Request for Review of the Regional Director’s Decision and Direction of Election, finding that it raised no substantial issues warranting review of the decision.  The majority rejected the Employer’s assertion that the Board should decline to assert jurisdiction over the Employer, a charter school, under Sec. 14(c)(1) of the Act.  It also agreed with the Regional Director that the petitioned-for unit, consisting of employees working at the Employer’s high school facility was presumptively appropriate and the Employer had failed to overcome this presumption by demonstrating that the operations of the high school had merged with those of the Employer’s elementary school facility.  The majority did not rely on the Regional Director’s finding that the petitioned-for unit was appropriate under the test set out in Specialty Healthcare and Rehabilitation Center of Mobile, 357 NLRB 934 (2011), enfd. sub nom. Kindred Nursing Centers East, LLC v. NLRB, 727 F.3d 552 (6th Cir. 2013), overruled by PCC Structurals, Inc., 365 NLRB No. 160.  Member Emanuel, dissenting, would find that the high school and the elementary school had merged and that therefore the petitioned-for unit was not an appropriate one.  Petitioner – Philadelphia Alliance of Charter School Employees, Local 6056, AFT-PA, AFT, AFL-CIO.  Members Pearce, McFerran, and Emanuel participated.

Clifford W. Perham, Inc., a subsidiary of Shaw’s Supermarkets, Inc.  (01-RC-191238)  Wells, ME, January 4, 2018.  The Board 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. The Regional Director had directed an election in a unit of drivers, yardmen, mechanics, and parts specialists at the Employer’s facilities in Maine.  In denying review, the Board found that the petitioned-for unit shared a community of interest that was sufficiently distinct from an excluded facility to make the unit appropriate under the Board’s traditional multi-facility community of interest test.  Petitioner – International Brotherhood of Teamsters Local Union No. 340.  Chairman Kaplan and Members Pearce and McFerran participated.

C Cases

Communication Workers of America AFL-CIO, Local 1101  (02-CB-176719)  New York, NY, January 2, 2018.  No exceptions having been filed to the November 21, 2017 decision of Administrative Law Judge Mindy E. Landow’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 judge’s recommended Order.  Charge filed by an individual.

United States Postal Service  (16-CA-169367, et al.)  Richmond, TX, January 3, 2018.  In this case alleging independent Section 8(a)(5) and (1) allegations, 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 National Association of Letter Carriers, Branches 283, 23, and 1179, and National Rural Letter Carriers’ Association.  Members Pearce, McFerran, and Emanuel participated.

United States Postal Service  (10-CA-188508)  Columbus, GA, January 3, 2018.  In this case alleging independent Section 8(a)(5) and (1) allegations, 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.  Charge filed by American Postal Workers Union, Area Local 118.  Members Pearce, McFerran, and Emanuel participated.

United States Postal Service  (01-CA-186158)  Nashua, NH, January 3, 2018.  In this case alleging independent Section 8(a)(5) and (1) allegations, 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.  Charge filed by National Mail Handlers Union, Branch 83, Local 301, a/w Laborers’ International Union of North America.  Members Pearce, McFerran, 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

United Parcel Service, Inc.  (18-CA-193426; JD-01-18)  Coralville, IA.  Administrative Law Judge Andrew S. Gollin issued his decision on January 5, 2018.  Charge filed by an individual.

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