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Cases and Decisions

Cases & Decisions

Summary of NLRB Decisions for Week of August 1 - 5, 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

General Aire Systems, Inc.  (04-CA-279137; 371 NLRB No. 120)  Darby, PA, August 1, 2022.

The Board adopted the Administrative Law Judge’s conclusion that the Respondent violated Section 8(a)(5) and (1) by failing and refusing to provide the information requested by the Union.

Charge filed by the International Association of Sheet Metal, Air, Rail & Transportation Workers (SMART), Sheet Metal Workers Local 19.  Administrative Law Judge Donna N. Dawson issued her decision on February 4, 2022.  Chairman McFerran and Members Kaplan and Prouty participated.

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Macy’s, Inc.  (20-CA-270110 and 20-CB-269444; 371 NLRB No. 121)  San Francisco, CA, August 3, 2022.

The Board adopted the Administrative Law Judge’s conclusions that the Respondent Union violated Section 8(b)(1)(A) by arbitrarily interpreting the seniority provision of its collective-bargaining agreement to reset the seniority of the Charging Party after she returned to the unit from a supervisory position and Section 8(b)(2) by causing Respondent Employer to lay the employee off in accordance with that interpretation.  The Board also adopted the judge’s findings that the Respondent Employer violated Section 8(a)(3) and (1) by laying the employee off in acquiescence to the Union’s interpretation of the seniority provision.  The Board also ordered each Respondent to post the other Respondent’s notice in the same location as their own notice.

Charges filed by an individual.  Administrative Law Judge Ariel L. Sotolongo issued his decision on October 29, 2021 and an errata on November 21, 2021.  Chairman McFerran and Members Kaplan and Ring participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Station Casinos LLC d/b/a Palms Casino Resort  (28-RD-273582)  Las Vegas, NV, August 2, 2022.  The Board denied the Petitioner’s and the Employer’s Requests for Expedited Review of the Regional Director’s Order Vacating Hearing and Dismissing Petition as they raised no substantial issues warranting review.  Member Ring wrote separately in concurrence.  Petitioner—an individual. Unions—International Union of Operating Engineers, Local 501 and International Union of Painters and Allied Trades, District Council 16.  Chairman McFerran and Members Ring and Wilcox participated.

Starbucks Corporation  (03-RC-289801)  Rochester, NY, August 2, 2022.  The Board denied the Employer’s Request for Review of the Regional Director’s Decision and Order Overruling Objections and Issuing Certification of Representative as it raised no substantial issues warranting review.  Petitioner—Workers United.  Chairman McFerran and Members Kaplan and Wilcox participated.

The Ritz-Carlton Hotel Company, LLC d/b/a The Ritz-Carlton, Half Moon Bay  (20-RC-294048)  Half Moon Bay, CA, August 3, 2022.  The Board denied the Employer’s Request for Review of the Regional Director’s Decision on Challenged Ballots and Objections and Order Directing the Opening and Counting of Certain Challenged Ballots as raising no substantial issues warranting review.  The Board agreed with the Regional Director that two of the three employees working as bagpipers at the hotel and resort were not eligible to vote as they did not work sufficient hours in the 13 weeks prior to the eligibility cut-off date.   The Board also noted that the parties’ Stipulated Election Agreement unambiguously conditioned voter eligibility on satisfying the well-established voter eligibility formula set forth in Davison-Paxon Co., 185 NLRB 21 (1970).  Petitioner—United Here! Local 2.  Chairman McFerran and Members Wilcox and Prouty participated.

Starbucks Corporation  (18-RC-291082)  Plover, WI, August 4, 2022.  The Board denied the Employer’s Request for Review of the Acting Regional Director’s Report on Challenged Ballots and Objections and Order Directing Hearing and Notice of Hearing as it raised no substantial issues warranting review.  Petitioner—Chicago & Midwest Joint Board, Workers United a/w SEIU.  Chairman McFerran and Members Wilcox and Prouty participated.

C Cases

Starbucks Corporation  (03-CA-285671, et al.)  Buffalo, NY, August 4, 2022.  The Board granted the Respondent’s Request for Special Permission to Appeal the Administrative Law Judge’s order granting the General Counsel’s motion to present just and proper evidence relevant to the Section 10(j) proceeding during the administrative hearing. The Board denied the appeal on the merits, finding that the Respondent failed to demonstrate that the judge abused his discretion. The Board found that courts often rely on the administrative record in deciding whether to grant Section 10(j) relief; the Respondent did not contend that receipt of the evidence would prejudice the judge’s consideration of the administrative case; and the District Court’s order staying discovery in the 10(j) case implicitly contemplated that 10(j) evidence would be presented in the administrative hearing.  Charges filed by Workers United. Chairman McFerran and Members Kaplan and Ring participated.

Starbucks Corporation  (03-CA-285671, et al.)  Buffalo, NY, August 4, 2022.  The Board granted the Respondent’s Request for Special Permission to Appeal the Administrative Law Judge’s order denying its motion to appoint a Special Master. The Board denied the appeal on the merits. The Board found that the judge is in the best position, in the first instance, to determine whether appointment of a Special Master would assist him with subpoena and privilege issues, which falls within his broad discretion under Section 102.35(a)(3), (6), and (8) of the Board’s Rules and Regulations. The Board noted that its denial of the appeal does not preclude later appointment of a Special Master in this case should the need arise.  Charges filed by Workers United.  Chairman McFerran and Members Kaplan and Ring 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

Brinderson LLC (27-CA-270623 and 27-RC-268059; JD(SF)-19-22) Billings, MT, August 4, 2022.  Errata to Administrative Law Judge Lisa D. Ross’ decision of July 26, 2022.  Errata   Amended Decision.

Art Directors Guild, Local 800, IATSE (31-CA-268924; JD(SF)-20-22) West Los Angeles, CA, August 4, 2022.  Errata to Administrative Law Judge Gerald M. Etchingham’s decision of July 29, 2022.  Errata   Amended Decision.

Russell Reid Waste Hauling & Disposal Service Company, Inc.  (22-CA-263364; JD(NY)-10-22)  Newark, NJ.  Administrative Law Judge Lauren Esposito issued her decision on August 5, 2022.  Charge filed by International Union of Operating Engineers, Local 825.

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