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Cases and Decisions

Cases & Decisions

Summary of NLRB Decisions for Week of August 2 - 6, 2021

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

Local #295, Detroit District Area, American Postal Workers Union (APWU), AFL–CIO (07-CA-270953 and 07-CA-271951; 371 NLRB No. 13) Plymouth Township, MI, August 2, 2021.

The Board granted the Acting 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 and refusing to bargain with the Union for purposes of negotiating a successor collective-bargaining agreement, and by failing and refusing to furnish, and unreasonably delaying in furnishing, the Union with requested information that is necessary for, and relevant to, its role as the exclusive collective-bargaining representative of the unit.

Charges filed by Local 243, International Brotherhood of Teamsters (IBT).  Chairman McFerran and Members Kaplan and Ring participated.

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AT&T Mobility Services, LLC (07-RC-269780; 371 NLRB No. 14) Southfield, MI, August 2, 2021.

The Board granted the Employer’s Request for Review of the Regional Director’s Decision and Direction of Election as it raised substantial issues warranting review.  On review, the Board affirmed the Regional Director’s determination that the petitioned-for unit was appropriate but on a different rationale.  The Board disavowed the Regional Director’s application of PCC Structurals, Inc., 365 NLRB No. 160 (2017), explaining that PCC Structurals applies when a non-petitioning party contends that the petitioned-for unit is inappropriate unless the unit includes certain additional employee classifications and does not apply where, as in the instant case, a party contends that the petitioned-for unit is inappropriate without the inclusion of employees at additional locations.  The Board found that the petitioned-for unit constituted a single facility to which the single-facility presumption applies and that the Employer did not rebut that presumption.  Alternatively, the Board found that, even if the single-facility presumption did not apply, under the traditional multi-facility community-of-interest test, the petitioned-for unit was an appropriate unit.

Petitioner—Communication Workers of America, AFL-CIO, CLC.  Chairman McFerran and Members Kaplan and Ring participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

No Unpublished R Cases Issued.

C Cases

No Unpublished C Cases Issued.

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Appellate Court Decisions

No Appellate Court Decisions involving Board Decisions to report.

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Administrative Law Judge Decisions

Management & Training Corporation (01-CA-267261; JD-44-21) Chicopee, MA.  Administrative Law Judge Michael A. Rosas issued his decision on August 2, 2021.  Charge filed by IUE-CWA, The Industrial Division of the Communications Workers of America, AFL-CIO.

International Brotherhood of Teamsters, Local 179 (13-CC-262182 and 13-CE-262185; JD-43-21) Addison, IL.  Administrative Law Judge David I. Goldman issued his decision on August 2, 2021.  Charges filed by Crush Crete, Inc.

Green Knoll Care, LLC d/b/a Complete Care at Green Knoll (22-CA-244307 and 22-CA-263661; JD(NY)-06-21) Newark, NJ.  Administrative Law Judge Kenneth W. Chu issued his decision on August 2, 2021.  Charges filed by 1199 SEIU United Healthcare Workers East.

Southwest Regional Council of Carpenters (28-CA-262356 and 28-CA-262458; JD-45-21) Las Vegas, NV.  Administrative Law Judge Arthur J. Amchan issued his decision on August 4, 2021.  Charges filed by individuals.

West Shore Home, LLC (10-CA-260665; JD-46-21) Wilmington, NC.  Administrative Law Judge Keltner W. Locke issued his decision on August 4, 2021.  Charge filed by an individual.

LaSalle Southwest Corrections (16-CA-264520; JD-47-21) Alvarado, TX.  Administrative Law Judge Keltner W. Locke issued his decision on August 5, 2021.  Charge filed by Federal Contract Guards of America.

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