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Cases and Decisions

Cases & Decisions

Summary of NLRB Decisions for Week of April 4 - 8, 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

NBC Universal Media, LLC  (02-UC-000619, et al.; 371 NLRB No. 72)  Manhattan, NY, April 8, 2022.  Errata to the March 8, 2022 decision.  Errata   Amended Decision.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Refresco Beverages US Inc.  (22-RC-276628)  Wharton, NJ, April 5, 2022.  The Board granted the Employer’s Request for Review of the Regional Director’s Supplemental Decision and Certification of Representative as it raised substantial issues warranting review.  The Board, reversed the Regional Director’s decision to overrule the Employer’s Objection 1 (which alleged that the Board Agent’s 5-minute delay in opening the polls possibly excluded a determinative number of voters), vacated the election results, and remanded the case to the Regional Director to conduct a second election.  Petitioner—United Electrical, Radio & Machine Workers of America.  Chairman McFerran and Members Kaplan and Wilcox participated.

Starbucks Corporation  (03-RC-289801 and 03-RC-289802)  Rochester, NY, April 5, 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.  Chairman McFerran and Members Kaplan and Wilcox participated.

Starbucks Corporation  (03-RC-289793, et al.)  Ithaca, NY, April 5, 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.  Chairman McFerran and Members Kaplan and Wilcox participated.

Starbucks Corporation  (03-RC-289785)  Buffalo, NY, April 5, 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.  Chairman McFerran and Members Kaplan and Wilcox participated.

Starbucks Corporation  (01-RC-287618 and 01-RC-287639)  Allston, MA, April 6, 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.

Metropolitan Security Services, Inc., d/b/a Walden Security  (05-RC-287768)  Woodlawn, MD, April 6, 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.  The Regional Director found that the Employer had not met its burden of establishing that the petitioned-for employees, lieutenants, are statutory supervisors under Section 2(11) of the Act and therefore found the petitioned-for unit to be appropriate.  Petitioner—Federal Contract Guards of America (FCGOA).  Members Kaplan, Wilcox, and Prouty participated.

C Cases

Garland Symphony Orchestra Association, Las Colinas Symphony Orchestra Association, and Symphony Arlington, a Single Employer  (16-CA-264468 and 16-CA-281162)  Irving, TX, April 4, 2022.  The Board denied the Respondent’s Motion for Judgment on the Pleadings and 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 judgment as a matter of law.  Charges filed by Dallas-Fort Worth Professional Musicians Association, Local 72-147, American Federation of Musicians.  Chairman McFerran and Members Kaplan and Wilcox participated.

Garland Symphony Orchestra Association, Las Colinas Symphony Orchestra Association, and Symphony Arlington, a Single Employer  (16-CA-264468 and 16-CA-281162)  Irving, TX, April 4, 2022.  The Board denied the Respondent’s Motion to Dismiss the Consolidated Complaint for failure to meet the statutory and discretionary standards.  The Board found that the allegations in the consolidated complaint regarding the Respondent’s operations, if true, are sufficient to establish the Board’s jurisdiction.  It thus concluded that the Respondent failed to establish that there are no genuine issues of material fact warranting a hearing and that it is entitled to judgment as a matter of law.  Charges filed by Dallas-Fort Worth Professional Musicians Association Local 72-147, American Federation of Musicians.  Chairman McFerran and Members Kaplan and Wilcox participated.

Michael Cetta, Inc., d/b/a Sparks Restaurant  (02-CA-142626 and 02-CA-144852)  New York, NY, April 5, 2022.  The Board denied the Respondent’s Request for Special Permission to Appeal from the Administrative Law Judge’s order denying the testimony of its purported expert witness.  The Board found that the Respondent failed to establish that the order could not be addressed at a later stage of the proceeding, if necessary.  Charges filed by United Food and Commercial Workers Local 342.  Chairman McFerran and Members Kaplan and Wilcox participated.

Michael Cetta, Inc., d/b/a Sparks Restaurant  (02-CA-142626 and 02-CA-144852)  New York, NY, April 5, 2022.  The Board denied the Respondent’s Request for Special Permission to Appeal from the Administrative Law Judge’s order excluding the testimony of three nonparty representatives.  The Board found that the Respondent failed to establish that the order could not be addressed at a later stage of the proceeding, if necessary.  Charges filed by United Food and Commercial Workers Local 342.  Chairman McFerran and Members Kaplan and Wilcox participated.

Environmental Contractors, Inc. and Kielczewski Corporation, and their Alter Ego, Single Employer, and/or Successor, Be Construction Corporation  (22-CA-089865, et al.)  Orange County, NJ, April 5, 2022.  The Board denied Petitioner Polmax Corporation’s Petition to Revoke an investigative subpoena duces tecum, as the subpoena sought information relevant to the matter under investigation and described with sufficient particularity the evidence sought, and the Petitioner failed to establish any other legal basis for revoking the subpoena.  Charges filed by Local 78, Laborers International Union of North America.  Chairman McFerran and Members Kaplan and Wilcox 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

Volvo Group North America (32-CA-276320; JD(SF)-07-22) Reno, NV, April 5, 2022.  Errata to Administrative Law Judge Gerald M. Etchingham’s decision issued on March 31, 2022.  Errata   Amended Decision.

Macy’s, Inc.  (20-CA-270047; JD(SF)-08-22)  San Francisco, CA.  Administrative Law Judge John T. Giannopoulos issued his decision on April 6, 2022.  Charge filed by International Union of Operating Engineers, Stationary Engineers, Local 39.

PPG Industries Ohio, Inc.  (08-CA-279834; JD-18-22)  Cleveland, OH.  Administrative Law Judge Robert A. Ringler issued his decision on April 8, 2022.  Charge filed by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW.

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