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Cases and Decisions

Cases & Decisions

Summary of NLRB Decisions for Week of April 25 - 29, 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

CenTrio Energy South LLC  (15-RC-280545; 371 NLRB No. 94)  New Orleans, LA, April 28, 2022.

The Board (Chairman McFerran and Member Prouty; Member Ring, dissenting in part) denied the Employer’s Request for Review of the Assistant Regional Director’s Decision and Direction of Election and the Regional Director’s Decision on Objections and Certification of Representative as it raised no substantial issues warranting review.

Petitioner—UA Plumbers and Steamfitters Local Union 60.  Chairman McFerran and Members Ring and Prouty participated.

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Sysco Central California, Inc.  (32-CA-281809; 371 NLRB No. 95)  Modesto, CA, April 29, 2022.

The Board granted the General Counsel’s Motion for Summary Judgment in this test-of-certification case on the basis 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.  The Board found that the Respondent violated Section 8(a)(5) and (1) by failing and refusing to recognize and bargain with the Union.

Charge filed by Teamsters Union Local 386, International Brotherhood of Teamsters.  Chairman McFerran and Members Kaplan and Ring participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Centerline Logistics Corporation, Leo Marine Services, Inc. and Olympic Tug & Barge, Inc., a Single Employer  (21-RC-274874, et al.)  Los Angeles, CA, April 27, 2022.  The Board denied the Petitioner’s Request for Review of the Regional Director’s Decision and Direction of Election as it raised no substantial issues warranting review.  Petitioner—International Organization of Masters, Mates and Pilots.  Members Kaplan, Ring, and Wilcox participated.

Starbucks Corporation  (19-RC-289815, et al.)  Eugene, OR, April 27, 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.  The Board also denied the Petitioner’s request for the Board to issue a formal reprimand to the Employer’s counsel.  Petitioner—Workers United.  Members Kaplan, Wilcox, and Prouty participated.

Starbucks Corporation  (22-RC-291263)  Hamilton, NJ, April 27, 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.

Starbucks Corporation  (01-RC-289055, et al.)  Boston, MA, April 28, 2022.  The Board denied the Employer’s Request for Review of the Regional Director’s Decision and Direction of Elections as it raised no substantial issues warranting review.  Petitioner- —Workers United.  Members Kaplan, Wilcox, and Prouty participated.

Tropical Shipping USA, LLC  (12-RC -287944)  Riviera Beach, FL, April 29, 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—International Longshoremen’s Association, Local 1359-1860, AFL-CIO.  Members Kaplan, Wilcox, and Prouty participated.

Starbucks Corporation  (12-RC-288866)  Tallahassee, FL, April 29, 2022.  The Board denied the Employer’s Request for Review as it raised no substantial issues warranting review, and expressly rejected the Employer’s “unsubstantiated assertion that the Petitioner is ‘abus[ing] the NLRB process’ by filing petitions seeking single-facility units.”  Additionally, the Board rejected the Petitioner’s request that the Board reprimand the Employer’s counsel and order payment of litigation costs.  Petitioner—Workers United.  Members Kaplan, Wilcox, and Prouty participated.

C Cases

United Mine Workers of America, International Union  (10-CB-275094, et al.)  Brookwood, AL, April 27, 2022.  The Board granted the Respondents’ Request for Special Permission to Appeal the Deputy Chief Administrative Law Judge’s February 10, 2022 Order, but denied the appeal on the merits.  The Board found that the Respondents failed to show that the judge abused his discretion in granting their Motion for a Bill of Particulars only in part.  Charges filed by Warrior Met Coal Mining, LLC.  Members Kaplan, Wilcox, and Prouty participated.

Bakery, Confectionery, Tobacco Workers & Grain Millers International Union, Local No. 37  (31-CB-279889)  Los Angeles, CA, April 29, 2022.  The Board denied the Respondents’ Renewed Motion for Summary Judgment as moot because the matter was already pending before the Board.  The Board noted that it had already granted the parties’ joint motion to transfer the case to the Board for decision on a stipulated record.  Charge filed by Frisco Baking Company.  Members Kaplan, Wilcox, and Prouty participated.

MJB Specialty LLC, Blockchains, Inc., and/or Jeffrey Berns, Sole Proprietor, Joint Employers  (19-CA-266693)  Sparks, NV, April 29, 2022.  The Board denied the Respondents’ Motions for Summary Judgment, for Oral Argument, and to Stay the Proceedings.  The Board found that the Respondents failed to establish that there are no genuine issues of material fact warranting a hearing and that they are entitled to judgment as a matter of law.  Charge filed by an individual.  Members Kaplan, Wilcox, 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

United Parcel Service, Inc.  (02-CA-275560; JD(NY)-07-22)  New York, NY.  Administrative Law Judge Benjamin W. Green issued his decision on April 27, 2022.  Charge filed by International Brotherhood of Teamsters, Local 804.

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