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Summary of NLRB Decisions for Week of September 3-6, 2013

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

No Published Board Decisions Issued

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

 R Cases

Jos. H. Lowenstein & Sons, Inc.  (29-RC-103488)  Brooklyn, New York, September 6, 2013.  No exceptions having been filed to the hearing officer’s report on objections to an election, the Board certified Local 2179, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), AFL-CIO as the exclusive collective-bargaining representative of the employees in the appropriate unit.  Petitioner – Local 660, United Workers of America.

C Cases

Gentner Trucking Co. and Gentner, Inc., Debtor-in-Possession, a single employer and/or, joint employers, and/or alter egos  (07-CA-071542, 094341)  Saline, MI, September 4, 2013.  Order transferring proceeding to the Board and notice to show cause why the Acting General Counsel’s Motion for Default Judgment should not be granted.

Northeastern Land Services, LTD. d/b/a The NLS Group  (01-CA-039447)  Boston MA, September 4, 2013.  The Board denied the Charging Party’s appeal of Region 1’s compliance determination settlement agreement with the Employer.  The Board noted that in entering into the settlement, the waiver of interest during the backpay period was conditioned on the timely receipt of all payments, and that the settlement does not reduce or compromise the backpay due in any other manner.  In addition, the Board found that the Region did not engage in improper or arguably improper conduct in entering into the settlement.  The Board, however, rejected the Regional Director’s speculation that the Charging Party would not have accepted any reinstatement offer regardless of its terms.   Chairman Pearce and Members Miscimarra and Hirozawa participated.

Hospice Compassus  (28-CA-094375)  Albuquerque, NM, September 5, 2013.  No exceptions having been filed to the Administrative Law Judge’s findings that the Respondent did not engage in any unfair labor practices, the Board adopted the Administrative Law Judge’s dismissal of the Complaint.  Charges filed by an individual.

Northshore Sheet Metal, Inc.  (19-CA-083657, et al.)  Everett, WA, September 5, 2013.  No exceptions having been filed, the Board adopted the Administrative Law Judge’s finding that Respondent Northshore Sheet Metal, Inc. and Respondent Pacific Northwest Regional Council of Carpenters have engaged in certain unfair labor practices and ordered them to take the specific action to remedy them set forth in the Judge’s Order.  Charges filed by Sheet Metal Workers International Association, Local 66.

Prime Healthcare Services, LLC d/b/a Centinela Hospital Medical Center  (31-CA-102407)  Inglewood, CA, September 6, 2013.  The Board found that the Employer’s petition to revoke subpoena duces tecum is denied as untimely and, in any event, is lacking in merit.  Chairman Pearce and Members Miscimarra and Hirozawa participated.  Charges filed by SEIU United Healthcare Workers-West.

Ozburn-Hessey Logistics, LLC  (26-CA-070471 et al.)  Memphis, TN, September 6, 2013.  The Board denied the Charging Party’s motion for reconsideration of the decision to reject its cross-exceptions as untimely filed.  Therefore, the cross-exceptions filed on July 12, 2013 will not be considered by the Board.  Charges filed by United Steelworkers Union.

SRM Alliance Hospital Services d/b/a Petaluma Valley Hospital  (20-CA-088742)  Petaluma, CA, September 6, 2013.  The Board granted the parties’ joint motion to remand the case to the Regional Director for further appropriate action.  Charges filed by California Nurses Association/National Nurses United.

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Appellate Court Decisions

No Appellate Court Decisions to report

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Administrative Law Judge Decisions

Butler Medical Transport, LLC  (05-CA-097810, et al.; JD-58-13)  Owings Mills, MD.  Administrative Law Judge Arthur J. Amchan issued his decision on September 4, 2013.  Charges filed by individuals.

American Axle and Manufacturing, Inc.  (07-CA-084340; JD(ATL)-22-13)  Detroit, MI.  Erratum issued by Administrative Law Judge Robert A. Ringler on September 6, 2013 to his August 27, 2013 decision.  Charges filed by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), AFL-CIO.

D&S Electrical Contractors, Inc.  (19-CA-088609; JD(SF)-44-13)  Clarkston, WA.  Administrative Law Judge Gerald A. Wacknov issued his decision on September 6, 2013.  Charges filed by International Brotherhood of Electrical Workers, Local 46.

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