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Summary of NLRB Decisions for Week of May 14 - 18, 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

Alaris at Hamilton Park Health Care Center  (22-CA-180566; 366 NLRB No. 90)  Jersey City, NJ, May 14, 2018.

The Board granted the General Counsel’s Motion for Default Judgment based on the Respondent’s failure to comply with the terms of a settlement agreement.  The Board found that the Respondent violated Section 8(a)(5) and (1) by failing and refusing to furnish the Union with all of the information it requested.  The Board ordered the Respondent to comply with the unmet provisions of the settlement agreement by furnishing to the Union the requested information that it had not yet provided.

Charge filed by 1199 SEIU United Healthcare Workers East.  Members Pearce, McFerran, and Kaplan participated.

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FirstEnergy Generation, LLC a wholly owned subsidiary of FirstEnergy Corp.  (06-CA-163303 and 06-CA-170901; 366 NLRB No. 87)  Shippingport, PA, May 16, 2018.  Errata and amended decision issued on May 17, 2018.  Errata   Amended Decision

The Board adopted the Administrative Law Judge’s conclusions that the Respondent violated Section 8(a)(5) and (1) by (1) selectively implementing collective-bargaining proposals, including the elimination of retiree benefits, that were “inextricably intertwined” with other, unimplemented proposals, including wage increases, (2) failing to provide the Union with notice and an opportunity to bargain over the Respondent’s subcontracting of bargaining unit work involving the maintenance of one of its turbines, and (3) failing to provide the Union with the relevant wages and material costs the Respondent paid to the subcontractor performing the bargaining unit work.

Charges filed by International Brotherhood of Electrical Workers, Local 272, AFL-CIO.  Administrative Law Judge Andrew S. Gollin issued his decision on March 15, 2017. Members Pearce, McFerran, and Emanuel participated.

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YP Advertising & Publishing LLC  (20-CA-147219, et al.; 366 NLRB No. 89)  San Francisco, CA, May 16, 2018.

The Board unanimously adopted the Administrative Law Judge’s conclusion that the Respondent violated Section 8(a)(5) and (1) by bypassing the Union and dealing directly with its employees on two occasions and by unreasonably delaying in providing relevant information that the Union requested on January 14, 2016.  A Board majority (Members Pearce and McFerran) also agreed with the judge on the unlawful delay concerning the October 15, 2015 request, but Member Kaplan found it unnecessary to pass on this request. The Board unanimously found it unnecessary to pass on the judge’s finding that the Respondent unlawfully delayed furnishing information requested on February 2, 2015, and a majority (Members McFerran and Kaplan) found it unnecessary to pass on the March 23, 2016 request.  Member Pearce would affirm the violation for the March 23, 2016 request.  Additionally, the Board unanimously reversed the judge’s conclusion that the Respondent violated the Act by unilaterally changing terms and conditions of employment when it announced a new sales commission plan to unit employees without implementing the change.

Charges filed by International Brotherhood of Electrical Workers, Local 1269.  Administrative Law Judge Amita Baman Tracy issued her decision on June 29, 2017.  Members Pearce, McFerran, and Kaplan participated.

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Station GVR Acquisition, LLC d/b/a Green Valley Ranch Resort Spa Casino  (28-CA-214925; 366 NLRB No. 91)  Henderson, NV, May 17, 2018.

The Board denied the Charging Party’s Motion for Reconsideration of the Board’s Decision and Order reported at 366 NLRB No. 58 (2018).

Charge filed by International Union of Operating Engineers Local 501, AFL-CIO.  Members McFerran, Kaplan, and Emanuel participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Goodco Mechanical, Inc. and Energy Stewards, Inc., a single employer  (06-RC-213120)  State College, PA, May 16, 2018.  The Board denied the Employer’s Request for Review of the Regional Director’s Decision on Objections and Certification of Representative as it raised no substantial issues warranting review. In reaching this conclusion, the Board did not rely on the Regional Director’s analysis that employees are able to understand a union cannot automatically obtain benefits by winning an election but must achieve them through collective bargaining, as the benefits identified by the Petitioner in this case were benefits of union membership. The Board also disavowed the Regional Director’s reliance on The Permanente Medical Group, Inc., 358 NLRB 758 (2012), for the proposition that statements are not objectionable if the party making them does not have the power to carry out the alleged threat, relying solely on Smithfield Packing Co., 344 NLRB 1 (2004), and Pacific Grain Products, 309 NLRB 690 (1992).  Petitioner — International Brotherhood of Electrical Workers, Local Union 5, AFL-CIO.  Members Pearce, Kaplan, and Emanuel participated.

Kloeckner Metals Corporation  (15-RD-217981)  Memphis, TN, May 17, 2018.  The Board  denied the Employer’s Request for Review of the Regional Director’s determination to hold the petition in abeyance as it raised no substantial issues warranting review. Petitioner — an individual.  Union — Teamsters Local 667.  Members Pearce, Kaplan, and Emanuel participated.

STP Nuclear Operating Company  (16-RC-214839)  Wadsworth, TX, May 17, 2018.  The Board  (Members Pearce and Emanuel; Member McFerran, dissenting) 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 found that the Employer’s Unit Supervisors are not supervisors for the purposes of the Act.  Member McFerran, dissenting, would have granted review.  Petitioner — International Brotherhood of Electrical Workers, AFL-CIO Local 66. Members Pearce, McFerran, and Emanuel participated.

C Cases

North Jackson Specialty Steel, LLC, a wholly-owned subsidiary of Universal Stainless & Alloy Products, Inc.  (08-CA-199945)  North Jackson, OH, May 16, 2018.  In this case alleging Section 8(a)(5) allegations, the Board approved a formal settlement stipulation between the Respondent, the Charging Party, and the General Counsel, and specified the action the Respondent must take to comply with the Act.  Charge filed by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied-Industrial and Service Workers International Union, AFL-CIO/CLC.  Members Pearce, Kaplan, and Emanuel participated.

United States Postal Service  (13-CA-190403)  Arlington Heights, IL, May 16, 2018.  The Board approved a formal settlement stipulation between the Respondent, the Charging Party, and the General Counsel, and specified the action the Respondent must take to comply with the Act.    The complaint had alleged Section 8(a)(5) refusal-to-provide relevant information and barring Union representatives from Union’s office while off the clock violations.  Charge filed by American Postal Workers Union Local 4545.  Members Pearce, Kaplan, and Emanuel participated.

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Appellate Court Decisions

Prime Healthcare Services, Board Case No. 21-CA-080722 (reported at 364 NLRB No. 128) (D.C. Cir. decided May, 18, 2018)

Enforcing the Board’s order in full in a published decision, the Court first upheld the Board’s findings that the Employer/Hospital violated Section 8(a)(5) by failing to grant union-represented employees step increases on their anniversary dates in accordance with past practice and the terms of the expired collective-bargaining agreement.  In finding that the Hospital’s failure to grant anniversary step increases was an unlawful unilateral change in terms and conditions of employment, the Court, in agreement with the Board, found that the contract language did not support the Hospital’s contention that the anniversary step-increase obligation by its terms ended with the expiration of the parties’ collective bargaining agreement.

In further agreement with the Board, the Court found that the Hospital acted unlawfully when, during bargaining, it refused to provide information requested by the Union about Employer costs for care, employee access to care, and the quality of care at the Hospital and other affiliated facilities, including lists of in-patient discharges organized by Medicare diagnostic code.  The Court explained that the requested information was “obviously relevant” given that the employees were required under one of the existing medical plans to obtain medical treatment at such facilities, and because the health plans were “a likely subject of bargaining.”  In so ruling, the Court rejected the Hospital’s contention that the issue could not be relevant to bargaining because it was not going to purchase insurance from a competitor regardless of what cost issues the Union raised.  The Court explained that the Hospital’s “preference to provide health care itself surely did not nullify the Union’s right to bargain over the subject.”  The Court also rejected the Hospital’s argument that it was privileged to withhold the information based on its contention that that the Union’s request was made for an illegitimate purpose, finding that substantial evidence supported the Board’s determination that the Hospital had failed to establish the factual predicate for such a defense.

The Court’s decision may be found here.

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Administrative Law Judge Decisions

ADT LLC d/b/a ADT Security Services  (03-CA-202122; JD-31-18)  Clifton Park, NY.  Administrative Law Judge Keltner W. Locke issued his decision on May 16, 2018.  Charge filed by International Brotherhood of Electrical Workers, Local Union 43.

Nicholson Terminal & Dock Company  (07-CA-187907; JD-30-18)  Detroit, MI.  Administrative Law Judge Elizabeth M. Tafe issued her decision on May 16, 2018.  Charge filed by an individual.

AIM Aerospace Sumner, Inc.  (19-CA-203455 and 19-CA-203586; JD(SF)-12-18)  Sumner, WA.  Administrative Law Judge Eleanor Laws issued her decision on May 16, 2018.  Charges filed by International Association of Machinists, District 751.

Bud’s Woodfire Oven LLC d/b/a Ava’s Pizzeria  (05-CA-194577; JD-32-18)  St. Mary’s, MD.  Administrative Law Judge Michael A. Rosas issued his decision on May 18, 2018.  Charge filed by an individual.

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