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Summary of NLRB Decisions for Week of January 25 - 29, 2016

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 Public Affairs at Publicinfo@nlrb.gov or 202‑273‑1991.

Summarized Board Decisions

Guardsmark, LLC  (05-RC-143199; 363 NLRB No. 103)  Washington, DC, January 29, 2016.

A full-Board majority consisting of Chairman Pearce and Members Hirozawa and McFerran adopted the Regional Director’s recommendation to overrule the Employer’s objection (Objection 2) alleging that it was improperly prohibited from holding a mass campaign meeting on the morning ballots were scheduled to be mailed in a mail ballot election.  The Board majority overruled Oregon Washington Telephone, 123 NLRB 339 (1959), which held that the mass-meeting prohibition begins when the ballots are scheduled to be mailed by the Regional Office (as opposed to beginning 24 hours before).  The Board majority found that prohibiting mass, captive-audience speeches by parties within the 24-hour period prior to the mailing of the ballots would align the mail-ballot rule more closely with the manual-ballot rule established in Peerless Plywood Co., 107 NLRB 427, 429 (1953), in which the Board prohibited such speeches within the 24-hour period prior to the start of a manual election.  Member Miscimarra, dissenting, would not overrule Oregon Washington Telephone; he found that the rule adopted by the majority creates different standards—one applicable to mail-ballot elections, the other to manual elections—that cannot be reconciled with one another or with Peerless Plywood.  Petitioner—International Union, Security, Police and Fire Professionals of America (SPFPA).  Chairman Pearce and Members Miscimarra, Hirozawa, and McFerran participated. 

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Disneyland Resort Division of Walt Disney Parks and Resorts, U.S., Inc.  (21-RC-155848)  Anaheim, CA, January 25, 2016.  The Board denied the Petitioner’s Request for Review of the Acting Regional Director’s administrative dismissal of its petition on the ground that it raised no substantial issues warranting review.  Petitioner—Foods Union.  Intervenor—Workers United, Local 50, Anaheim, California, Affiliated With the Workers United Union, Service Employees International Union.  Chairman Pearce and Members Hirozawa and McFerran participated.

First Transit, Inc.  (21-RC-147424)  Pomona, CA, January 27, 2016.  The Board issued a Decision and Certification of Representative that superseded its December 22, 2015 Order denying review.  The Board adopted the Regional Director’s findings and recommendations, and certified the Petitioner, Wholesale Delivery Drivers, General Truck Drivers, Chauffeurs, Sales, Industrial and Allied Workers, Teamsters Local 848, International Brotherhood of Teamsters, as the exclusive collective-bargaining representative of the employees in an appropriate unit.  Chairman Pearce and Members Miscimarra and Hirozawa participated.

Dollar Thrifty Automotive Group, Inc.  (12-RC-143409)  Orlando, FL, January 28, 2016.  The Board issued a Decision and Certification of Representative, certifying the Petitioner, United Service Workers Union, Local 74, IUJAT, as the exclusive bargaining representative in an appropriate unit.  The Board adopted the Hearing Officer’s recommendation to overrule the Employer’s objections solely on the ground that the evidence showed, at most, that a manager engaged in objectionable conduct affecting only one employee, which was insufficient to affect the results of the election.  Chairman Pearce and Members Miscimarra and Hirozawa participated.

Guardsmark, LLC  (05-RC-143199)  Washington, DC, January 29, 2016.  A Board panel majority consisting of Chairman Peace and Member Hirozawa adopted the hearing officer’s findings and recommendations to overrule two of the Employer’s election objections (Objections 3 and 4),  and certified the Petitioner, International Union, Security, Police, and Fire Professionals of America, as the exclusive collective-bargaining representative of the employees in an appropriate unit.  In so doing, the Board majority affirmed the hearing officer’s conclusion that employees had adequate notice and opportunity to vote in the mail ballot election and that no employee was prevented from voting as a result of either unfairness in the election scheduling or its mechanics.  Member Miscimarra, dissenting, found it unnecessary to reach the merits of the Employer’s Objections 3 and 4 because, for the reasons expressed in his dissent in Guardsmark, 363 NLRB No. 103 (2016), he would set aside the election based on the Employer’s Objection 2, which alleged that the Region improperly prohibited the Employer from holding a captive-audience meeting with employees on the morning that the ballots were to be mailed.  Chairman Pearce and Members Hirozawa and Miscimarra participated.

UPS Ground Freight, Inc.  (04-RC-165805)  Kutztown, PA, January 29, 2016.  The Board denied the Employer’s Request for Review of the Acting Regional Director’s Decision and Direction of Election on the ground that it raised no substantial issues warranting review.  While concurring in the decision to deny the Employer’s Request for Review of the Acting Regional Director’s decision to direct a mail ballot election, Member Miscimarra notes that the case involves the Board’s Final Rule on representation case procedures, with which he disagrees for the reasons expressed in his dissenting views in the Final Rule.  Petitioner—International Brotherhood of Teamsters Local 773.  Chairman Pearce and Members Miscimarra and McFerran participated.

C Cases

Campaign for the Restoration and Regulation of Hemp, THCF, and Presto Quality Care Corporation, a Single Employer and/or Joint Employers  (19-CA-143377)  Portland, OR, January 28, 2016.  No exceptions having been filed to the December 17, 2015 decision of Administrative Law Judge Joel P. Biblowitz finding that the Respondent 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.

Liberty Glass & Metal, Inc.  (31-CA-149721, 31-CA-151870 and 31-RC-147046)  Upland, CA, January 28, 2016.  No exceptions having been filed to the December 15, 2015 decision of Administrative Law Judge Ariel L. Sotolongo finding that the Respondent 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 Painters and Allied Trades District Council 36.

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Appellate Court Decisions

No Appellate Court Decisions involving Board Decisions to report.

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Administrative Law Judge Decisions

Jack Cooper Holdings d/b/a Jack Cooper Transport Co.  (09-CA-150482; JD-07-16) Louisville, KY.  Administrative Law Judge Melissa M. Olivero issued her decision on January 27, 2016.  Charge filed by General Drivers, Warehousemen & Helpers Local Union No. 89.

Tramont Manufacturing, LLC  (18-CA-155608; JD-08-16)  Milwaukee, WI.  Administrative Law Judge Sharon Levinson Steckler issued her decision on January 28, 2016.  Charge filed by United Electrical, Radio and Machine Workers of America, Local 1103.

Noel Canning, a Div. of the Noel Corporation  (19-CA-145344; JD(SF)-03-16)  Yakima, WA.  Administrative Law Judge Ariel L. Sotolongo issued his decision on January 28, 2016.  Charge filed by Teamsters Local 760.

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