Skip to content

You are here

Summary of NLRB Decisions for Week of January 8 - 12, 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

IronTiger Logistics, Inc.  (16-CA-027543; 366 NLRB No. 2)  Kansas City, MO, January 9, 2018.

Upon remand from the United States Court of Appeals for the District of Columbia Circuit, the Board reversed its previous decision (362 NLRB No. 45 (2015), aff’g. 359 NLRB 236 (2012)), and found that the Respondent did not violate the Act by failing to timely respond to the Union’s request for information. Given the Administrative Law Judge’s unexcepted-to finding that on the day after requesting the information the Union conceded that all of the information sought was irrelevant, the Board concluded that the Respondent was not obligated to do anything more.  It, therefore, vacated its prior Order and dismissed the complaint.

Charge filed by the International Association of Machinists and Aerospace Workers, AFL-CIO. Administrative Law Judge George Carson II issued his decision on May 6, 2011.  Chairman Kaplan and Members Pearce and McFerran participated.

***

Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Paragon Systems, Inc.  (05-RC-205598)  Herndon, VA, January 10, 2018.  The Board denied the Intervenor-Union’s Motion for Extraordinary Relief and its Motion to Cancel the Election and Dismiss the Petition.  The Board noted that the motions were not properly before the Board and that the denial is without prejudice to the Intervenor’s right to raise its contentions to the Region.  Petitioner – Fraternity of American Protective Officers.  Intervenor – National League of Justice and Security Professionals.  Members Pearce, McFerran, and Emanuel participated.

C Cases

SEIU, United Healthcare Workers-West  (31-CB-195763)  West Hollywood, CA, January 8, 2018.  The Board denied the Union’s Petition to Revoke an investigative subpoena duces tecum, as the subpoena sought information relevant to the matter under investigation and described with sufficient particularity the evidence sought, and the Employer failed to establish any other legal basis for revoking the subpoena.  Charge filed by an individual.  Members Pearce, McFerran, and Emanuel participated.

American Medical Response, Inc.  (28-CA-188389)  Mesa, AZ, January 8, 2018.  The Board denied the Petition to Revoke an investigative subpoena duces tecum filed by American Medical Response, as the subpoena sought information relevant to the matters under investigation and described with sufficient particularity the evidence sought, and the Petitioner failed to establish any other legal basis for revoking the subpoena.   The Board stated that the Petitioner was not required to produce materials already furnished, provided that it describes those documents and provides all subpoenaed information.  The Board also evaluated the subpoena in light of the Region’s statement that it would withdraw certain requests if the Petitioner stipulates that there were no responsive collective-bargaining agreements in addition to those already provided by the Petitioner.  Charge filed by General Teamsters (Excluding Mailers), State of Arizona, Local Union No. 104, an affiliate of the International Brotherhood of Teamsters.  Members Pearce, McFerran, and Emanuel participated.

Dichello Distributors, Inc.  (01-CA-183436)  Orange, CT, January 12, 2018.  The Board denied the Employer’s Petition to Revoke an investigative subpoena duces tecum, as the subpoena sought information relevant to the matter under investigation and described with sufficient particularity the evidence sought, and the Employer failed to establish any other legal basis for revoking the subpoena.  Charge filed by International Brotherhood of Teamsters, Local 443.  Members Pearce, McFerran, and Emanuel participated.

Richfield Hospitality, Inc. as managing agent for Kahler Hotels, LLC  (18-CA-187974 and 18-CA-198527)  Rochester, MN, January 12, 2018.  In this case alleging independent Section 8(a)(5), (3), 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 Unite Here International Union Local 21.  Chairman Kaplan and Members Pearce and Emanuel participated.

Menard, Inc.  (18-CA-181821)  Minneapolis, MN, January 12, 2018.  No exceptions having been filed to the November 17, 2017 decision of Administrative Law Judge Paul Bogas’ finding that the Respondent had not engaged in certain unfair labor practices, the Board adopted the judge’s findings and conclusions, and dismissed the complaint.  Charge filed by Local 153, Office & Professional Employees International Union, AFl-CIO.

Montauk Student Transport, LLC  (02-CA-174131, et al.)  New York, NY, January 12, 2018.  No exceptions having been filed to the November 30, 2017 decision of Administrative Law Judge Benjamin W. Green’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.  Charges filed by The Transport Workers Union of Greater New York, Local 100.

***

Appellate Court Decisions

No Appellate Court Decisions involving Board Decisions to report.

***

Administrative Law Judge Decisions

Cayuga Medical Center at Ithaca, Inc.  (03-CA-185233 and 03-CA-186047; JD-02-18)  Ithaca, NY.  Administrative Law Judge Kimberly Sorg-Graves issued her decision on January 8, 2018.  Charges filed by 1199 SEIU United Healthcare Workers East.

PrimeFlight Aviation Services, Inc.  (29-CA-191801 and 29-CA-196327; JD(NY)-01-18)  Brooklyn, NY.  Administrative Law Judge Kenneth W. Chu issued his decision on January 9, 2018.  Charges filed by Service Employees International Union, Local 32BJ.

***

To have the NLRB’s Weekly Summary of Cases delivered to your inbox each week, please subscribe here.

Connect with Us