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Summary of NLRB Decisions for Week of March 12 - 16, 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

Wolf Creek Nuclear Operating Corporation  (14-CA-181053; 366 NLRB No. 30)  Burlington, KS, March 13, 2018.

The Board granted the General Counsel’s Motion for Summary Judgment in this test-of-certification case on the ground that the Respondent failed to raise any issues that were not, or could not have been, litigated in the underlying representation proceeding in which the Union was certified as the bargaining representative.  Although Chairman Kaplan did not participate in the underlying representation proceeding, he agreed with his colleagues that granting summary judgment was appropriate, because the Respondent had not raised any new matters that were properly litigable in this unfair labor practice proceeding.

Charge filed by International Brotherhood of Electrical Workers, Local 225.  Chairman Kaplan and Members Pearce and McFerran participated.

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RDM Concrete & Masonry, LLC, Collective Concrete, Inc., and Remco Concrete, LLC, Alter Egos and a Single Employer  (22-CA-181515; 366 NLRB No. 34)  Toms River and Jackson, NJ, March 13, 2018.

The Board adopted the Administrative Law Judge’s conclusions that Respondents RDM and Collective were alter egos and a single employer, that Respondent Remco was their alter ego, and that the Respondents accordingly violated Section 8(a)(5) and (1) by failing and refusing to recognize and bargain with the Charging Party as the exclusive bargaining representative of their employees by refusing to apply the terms and conditions of the Charging Party’s collective-bargaining agreement with Respondents RDM and Collective to Respondent Remco’s employees.

Charge filed by New Jersey Building Laborers District Council.  Administrative Law Judge Jeffrey P. Gardner issued his decision on November 3, 2017.  Chairman Kaplan and Members Pearce and McFerran participated.

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Buddy’s Parking Company, LLC  (13-CA-202604; 366 NLRB No. 33)  Chicago, IL, March 14, 2018.

The Board granted the General Counsel’s Motion for Default Judgment based on the Respondent’s failure to file an answer to the complaint.  Accordingly, the Board found that the Respondent violated Section 8(a)(5) and (1) by failing and refusing to bargain collectively with the Union about the effects of its decision to discharge unit employees at one of its locations, failing and refusing to respond to and process two grievances, and failing and refusing to furnish the Union with requested information that is relevant and necessary for its role as the exclusive collective-bargaining representative of the unit employees.  The Board, in addition to providing other remedies, ordered the Respondent to pay backpay to unit employees in a manner similar to that required in Transmarine Navigation Corp., 170 NLRB 389 (1968).

Charge filed by Teamsters Local 727.  Chairman Kaplan and Members Pearce and McFerran participated.

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United States Postal Service  (05-CA-180590; 366 NLRB No. 39)  Alexandria, VA, March 15, 2018.

The Board, finding that the Administrative Law Judge failed to duly consider a complaint allegation that the Respondent violated Section 8(a)(3) and (1) by issuing a probationary performance evaluation to an employee, remanded the proceeding to the judge for further findings and analysis.

Charge filed by an individual.  Administrative Law Judge Arthur J. Amchan issued his decision on August 1, 2017.  Chairman Kaplan and Members Pearce and McFerran participated.

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LTTS Charter School, Inc. d/b/a Universal Academy  (16-CA-170669; 366 NLRB No. 38)  Coppell, TX, March 15, 2018.

The Board adopted the Administrative Law Judge’s conclusion that the Respondent, a charter school in Texas, was a political subdivision exempt from the Board’s jurisdiction based on the statutory authority of the Commissioner of Education to reconstitute the governing body.  Accordingly, the Board dismissed the complaint.

Charge filed by an individual.  Chairman Kaplan and Members Pearce and Emanuel participated.

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Boulder Contracting, Inc.  (10-CA-189876 and 10-CA-193007; 366 NLRB No. 37)  Canton, GA, March 16, 2018.

The Board granted in part the General Counsel’s Motion for Default Judgment on the ground that the Respondent withdrew its answers to the complaint and consolidated complaint.  The Board found the Respondent violated Section 8(a)(1) by discharging the discriminatees for engaging in concerted activities for the purposes of mutual aid and protection by walking off the jobsite because they did not receive their weekly paychecks.

The Board denied default judgment on the allegation that the Respondent violated the Act by misclassifying its workers as independent contractors rather than employees because the Board has invited interested parties to file briefs addressing that question in Velox Express Inc., 15-CA-184006.  This allegation was remanded for further appropriate action.

Charges filed by an individual.  Members Pearce, McFerran, and Emanuel participated.

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Pittsburgh Logistics Systems, Inc. d/b/a PLS Logistics Services  (12-CA-189005; 366 NLRB No. 36)  Jacksonville, FL, March 16, 2018.

The Board granted the General Counsel’s Motion for Default Judgment pursuant to the noncompliance provisions of an informal settlement agreement.  Accordingly, the Board found that the Respondent violated Section 8(a)(1) by maintaining a work rule that prohibits employees from disparaging or impugning the Respondent.

Charge filed by an individual.  Members Pearce, McFerran, and Emanuel participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

STP Nuclear Operating Company  (16-RC-214839)  Bay City, TX, March 15, 2018.  The Board denied the Employer’s Request to Impound Ballots.  Petitioner – International Brotherhood of Electrical Workers, Local 66, AFL-CIO.  Chairman Kaplan and Members McFerran and Emanuel participated.

C Cases

Hampton Roads Shipping Association  (05-CA-176015, et al.)  Norfolk, VA, March 13, 2018.  The Board denied the General Counsel’s Request for Special Permission to Appeal Administrative Law Judge Paul Bogas’ October 25, 2017 and November 24, 2017 rulings granting in part petitions to revoke the subpoenas duces tecum served on the Respondents, rulings concerning the exclusion of certain related testimony and exhibits, and rulings concerning cross-examination of witnesses.  The Board denied the request on the ground that it was not made “promptly,” as required by Section 102.26 of the Board’s Rules and Regulations, without reaching the underlying merits of the appeal.  Further, the Board stated that the denial was without prejudice to the General Counsel’s right to renew his arguments before the Board on any exceptions that may be filed to the judge’s decision, if appropriate.  Charges filed by individuals.  Chairman Kaplan and Members McFerran and Emanuel participated.

Pacific Harvest, Inc./Apio, Inc., as joint employer  (31-CA-200226)  Guadalupe, CA, March 16, 2018.  The Board denied the Employer’s Petition to Revoke an investigative subpoena duces tecum, finding that the subpoena sought information relevant to the matter under investigation and described with sufficient particularity the evidence sought, and that the Employer failed to establish any other legal basis for revoking the subpoena.  Charge filed by United Food and Commercial Workers Union, Local 5, AFL-CIO, CLC.  Chairman Kaplan and Members Pearce and McFerran 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

SOS International, LLC  (21-CA-178096, et al.; JD-18-18)  Reston, VA.  Administrative Law Judge Michael A. Rosas issued his decision on March 12, 2018.  Charges filed by Pacific Media Workers Guild Communications Workers of America, Local 39521, AFL-CIO.

Giant Eagle, Inc.  (06-CA-188991; JD-19-18)  Robinson Township, PA.  Administrative Law Judge David I. Goldman issued his decision on March 14, 2018.  Charge filed by United Food and Commercial Workers International Union, Local 23, CLC.

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