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
Lederach Electric, Inc. (04-CA-037725, 359 NLRB No. 71) Lederach, PA, March 4, 2013.
The Board adopted the administrative law judge’s findings that four discriminatees would have continued to work through the backpay period claimed in the compliance specification, ordering backpay in the amounts set forth in the compliance specification.
Charge filed by International Brotherhood of Electrical Workers, Local 380. Administrative Law Judge Earl E. Shamwell, Jr. issued his supplemental decision on September 10, 2012. Chairman Pearce and Members Griffin and Block participated.
Pilsen Wellness Center (13-RM-001770; 359 NLRB No. 72) Chicago, IL, March 7, 2013.
The Board found that the employer, a private, nonprofit corporation that employs and provides teachers to a public charter school in Chicago is not a political subdivision of the State of Illinois within the meaning of Section 2(2) of the National Labor Relations Act and therefore is not exempt from the Board’s jurisdiction. The Board applied the test set out in NLRB v. Natural Gas Utility District of Hawkins County, 402 U.S. 600 (1971) (Hawkins County). Under that test, an entity may be considered a political subdivision if it is either (1) created directly by the state so as to constitute a department or administrative arm of the government, or (2) administered by individuals who are responsible to public officials or to the general electorate.
There was no contention before the Board that the employer fell within the first analytical prong of the Hawkins County test. The Board explained that in Chicago Mathematics & Science Academy Charter School, Inc., 359 NLRB No. 41 (December 14, 2012), it held that the relevant inquiry as to the second analytical prong of the Hawkins County test is simply whether a majority of the individuals who administer the entity—the governing board and executive officers—are appointed by and subject to removal by public officials. That is, the Board considers whether the composition, selection, and removal of the members of an employer’s governing board are determined by law, or solely by the employer’s governing documents. The Board in Chicago Mathematics held that where the appointment and removal of a majority of an entity’s governing board members are controlled by private individuals—as opposed to public officials—the entity will be subject to the Board’s jurisdiction.
Applying these criteria, the Board found that the employer is not a political subdivision under the second analytical prong of the Hawkins County test because it is not administered by individuals who are responsible to public officials or the general electorate. The Board found that the members of the employer’s board of directors are appointed by and subject to removal only by private individuals and not by public officials and the method of selection of the Employer’s board members is dictated by its bylaws, and not by any State law, statute, or governmental regulation.
Petitioner – Chicago Alliance of Charter Teachers and Staff, IFT, AFT, AFL–CIO. Chairman Pearce and Members Griffin and Block participated.
SK USA Shirts (22-CA-087198, 359 NLRB No. 74) Garfield, NJ, March 8, 2013.
The Acting General Counsel sought a default judgment in this case on the ground that the respondent failed to file an answer to the complaint. The Board specifically found that the respondent violated the Act by failing to continue in effect all the terms and conditions of employment of the unit as set forth in the agreement and by ceasing to remit dues payments to the union.
Charge filed by Local 947, USWU, I.U.J.A.T. Chairman Pearce and Members Griffin and Block participated.
Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
MBI HVAC, Inc. (04-RC-089309) Allentown, PA, March 5, 2013. With no exceptions having been filed, the Board adopted the hearing officer’s findings and recommendations and ordered that the election conducted be set aside and that a new election be conducted. Petitioner – Sheet Metal Workers International Association, Local 19.
Total Security Management Illinois 1, LLC (13-RC-084042) Chicago, IL, March 8, 2013. With no exceptions having been filed, the Board adopted the hearing officer’s findings and recommendations, and found that a certification of results of election should be issued. Petitioner - International Union of Security Police & Fire Professionals of America (SPFPA).
Visionquest National, LTD. (04-RC-089101) Philadelphia, PA, March 8, 2013. In light of exceptions, the Board adopted the hearing officer’s findings and recommendations, and found that a certification of results of election should be issued. Petitioner – District 1199C, Union of Hospital and Health Care Employees, AFSCME, AFL-CIO. Chairman Pearce and Members Griffin and Block participated.
Southern Monterey County Memorial Hospital, Inc. d/b/a George L. Mee Memorial Hospital (32-RC-090886) King City, CA, March 8, 2013. In light of the petitioner's exceptions and brief and the employer's brief, the Board adopted the hearing officer’s findings and recommendation, and directed the challenged ballot at issue to be intermingled with two other challenged ballots, opened, and counted by the Regional Director. Petitioner – National Union of Healthcare Workers. Chairman Pearce and Members Griffin and Block participated.
G4S Government Solutions, Inc. (05-UD-086913) Washington, DC, March 8, 2013. In light of exceptions, the Board adopted the hearing officer’s findings and recommendation to overrule the sole objection to the election and found that a certification of results of election should be issued. Petitioner – an individual. Chairman Pearce and Members Griffin and Block participated.
Appellate Court Decisions
No Appellate Court decisions regarding NLRB cases were issued this week.
Administrative Law Judge Decisions
United Parcel Service, Inc. (26-CA-072915, et al., JD(ATL)-05-13) Nashville, TN. Charge filed by Teamsters, Local 480 affiliated with International Brotherhood of Teamsters. Administrative Law Judge Margaret G. Brakebusch issued her decision on March 4, 2013.
AFL Quality NY, LLC, Inc. d/b/a AFL Web Printing (22-CA-078497, JD(NY)-12-13) Secaucus, NJ. Charge filed by Local, One-L Amalgamated Lithographers of America, GCC/IBT. Administrative Law Judge Kenneth W. Chu issued his decision on March 5, 2013.
Lytton Rancheria of California d/b/a Casino San Pablo (32-CA-025585, et al., JD(SF)-11-13) San Pablo, CA. Charges filed by UNITE HERE, Local 2850. Administrative Law Judge Jay R. Pollack issued his decision on March 5, 2013.
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