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Cases and Decisions

Cases & Decisions

Summary of NLRB Decisions for Week of April 11 -15, 2022

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

Hogan CP, Inc.  (13-CA-281569; 371 NLRB No. 89)  Elk Grove Village, IL, April 13, 2022.

The Board granted the General Counsel’s Motion for Default Judgment based on the Respondent’s failure to file an answer to the complaint.  The Board found that the Respondent violated Section 8(a)(5) and (1) by failing to provide the Union with requested information that is necessary for, and relevant to, the Union’s performance of its duties as the exclusive collective-bargaining representative of the unit.

Charge filed by Painters District Council No. 14.  Chairman McFerran and Members Kaplan and Wilcox participated.

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CMA Logistics, LLC  (22-CA-283429; 371 NLRB No. 90)  Elizabeth, NJ, April 15, 2022.

The Board granted the General Counsel’s Motion for Default Judgment based on the Respondent’s failure to file an answer to the complaint.  The Board found that the Respondent violated Section 8(a)(3) and (1) by interrogating employees about their union sympathies and support; directing employees not to communicate directly with the Respondent’s owner; issuing a written warning to and imposing more onerous and rigorous terms and conditions of employment on the Charging Party because she assisted the Union and to discourage other employees from doing so.

Charge filed by an individual.  Chairman McFerran and Members Kaplan and Wilcox participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Starbucks Corporation  (19-RC-288594)  Eugene, OR, April 12, 2022.  The Board 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.  Petitioner—Workers United.  Members Kaplan, Wilcox, and Prouty participated.

C Cases

White Plains Hospital  (02-CA-278517, et al.)  White Plains, NY, April 12, 2022.  The Board denied the Respondent’s Motion for Summary Judgment, finding that the Respondent failed to establish that there are no genuine issues of material fact warranting a hearing and that it is entitled to a judgment as a matter of law.  The denial was without prejudice to the Respondent’s right to renew its waiver arguments to the Administrative Law Judge, after presenting evidence, and to raise the waiver issue before the Board on exceptions, if appropriate.  Charges filed by 1199SEIU United Healthcare Workers East.  Chairman McFerran and Members Kaplan and Prouty 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

Genpak, LLC  (15-CA-237525; JD-19-22)  Hope Hull, AL.  Administrative Law Judge Christine E. Dibble issued her decision on April 11, 2022.  Charge filed by Retail, Wholesale and Department Store Union, Mid-South Council.

ExxonMobil Global Services Company  (16-CA-269606; JD-20-22)  Spring, TX.  Administrative Law Judge Michael A. Rosas issued his decision on April 12, 2022.  Charge filed by an individual.

NP Red Rock LLC d/b/a Red Rock Casino Resort Spa  (28-CA-244484, et al.; JD-09-22)  Las Vegas, NV.  Administrative Law Judge Jeffrey W. Wedekind issued his decision on April 12, 2022.  Charges filed by an individual and Local Joint Executive Board of Las Vegas a/w UNITE HERE International Union.

Chicanos Por La Causa, Inc.  (29-CA-260450; JD(SF)-10-22)  Phoenix, AZ.  Administrative Law Judge Eleanor Law issued her decision on April 13, 2022.  Charge filed by an individual.

Michigan Education Association  (07-CA-261392; JD-21-22)  Dearborn, MI.  Administrative Law Judge Melissa M. Olivero issued her decision on April 13, 2022.  Charge filed by Michigan Executive Directors Association (MEDA).

Vernon Towers LLC  (29-CA-268035; JD(NY)-04-22)  Long Island City, NY.  Administrative Law Judge Benjamin W. Green issued his decision on April 14, 2022.  Charge filed by Service Employees International Union, Local 32BJ.

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