Summary of NLRB Decisions for Week of August 3 - 7, 2026

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

Overseas Shipholding Group, Inc. (12-CA-386056; 375 NLRB No. 24)  Tampa, FL, August 4, 2026.

The Board granted the General Counsel’s Motion for Summary Judgment in this test-of-certification case on the ground 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 International Organization of Masters, Mates & Pilots. Chairman Murphy and Members Prouty and Mayer participated.

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SSM Health Saint Louis University Hospital  (14-RD-347354, 375 NLRB No. 26)  St. Louis, MO, August 4, 2026.

The Board (Chairman Murphy and Member Mayer; Member Prouty, dissenting) granted the Employer’s Request for Review of the Regional Director’s Decision and Order as it raises substantial issues warranting review with respect to whether the absence of an effective date on the face of the parties’ collective-bargaining agreement deprives it of bar quality under the Board’s contract-bar doctrine. Member Prouty would have denied the Request for Review in its entirety. 

Petitioner—an individual. Union—National Nurses Organizing Committee-National Nurses United, AFL-CIO. Chairman Murphy and Members Prouty and Mayer participated.

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Starbucks Corporation  (19-CA-295850; 375 NLRB No. 28)  Seattle, WA, August 5, 2026. 

The Board (Chairman Murphy and Member Mayer; Member Prouty, dissenting) reversed the Administrative Law Judge and dismissed the complaint’s allegation that the Respondent violated Section 8(a)(1) by threatening an employee that employees from unionized stores would no longer be able to borrow (i.e., pick up) shifts at nonunionized stores and vice versa.  Applying a totality-of-the-circumstances analysis, the Board found no unlawful coercion because the employee had initiated the conversation based on an employee-circulated rumor, the manager acknowledged having heard about such a restriction but expressed uncertainty whether it was accurate, the manager assured the unionized employee that she could continue freely picking up shifts at the manager’s nonunion store until the manager learned more, and employees thereafter continued freely picking up shifts at union and nonunion stores alike with no such restriction.

Dissenting, Member Prouty stated that an employer’s tentative or equivocal language can be unlawfully coercive and that, in his view, a reasonable employee who heard the manager’s statement would be chilled from freely choosing to engage in union organizing activities at their home store and stores where they picked up shifts.

Charge filed by Workers United Labor Union International, a/w Service Employees International Union.  Administrative Law Judge Amita Baman Tracy issued her decision on May 31, 2023. Chairman Murphy and Members Prouty and Mayer participated.

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X Factor S2 LLC  (31-CA-323348; 375 NLRB No. 23)  Escondido, CA, August 5, 2026.

The Board adopted the Administrative Law Judge’s conclusion that the Respondent violated Section 8(a)(3) and (1) by terminating four employees because they engaged in union and protected concerted activities.  The Board modified the notice to employees to include a provision reflecting the Respondent’s obligation to offer reinstatement to the terminated employees.

Charge filed by International Alliance of Theatrical Stage Employees (IATSE) Local 728.  Administrative Law Judge Andrew S. Gollin issued his decision on February 19, 2026.  Chairman Murphy and Members Prouty and Mayer participated. 

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Covenant House New York  (02-CA-337831; 375 NLRB No. 21)  New York, NY, August 5, 2026.

The Board unanimously adopted the Administrative Law Judge’s findings that the Respondent violated Section 8(a)(5) and (1) by its overall conduct in failing and refusing to bargain collectively and in good faith with the Union and to provide relevant information requested by the Union as the employees’ collective bargaining representative and Section 8(a)(1) by threatening employees with discipline if they engaged in union activity.  The Board rejected the Respondent’s exceptions that the judge disregarded its purported admissions as to the managerial status of two employees and that it was denied due process by the Region’s application of the Board’s Skip Counsel Policy.

Charge filed by 1199SEIU United Healthcare Workers East.  Administrative Law Judge Lauren Esposito issued her decision on September 29, 2025.  Chairman Murphy and Members Prouty and Mayer participated in the decision.

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Rhode Island CVS Pharmacy LLC   (01-CA-365034, et al.; 375 NLRB No. 27)  Woonsocket, RI, August 5, 2026.

The Board granted the General Counsel’s Motion for Summary Judgment in this test-of-certification case on the ground 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.

Charges filed by The Pharmacy Guild, International Association of Machinists and Aerospace Workers, AFL-CIO.  Chairman Murphy and Members Prouty and Mayer participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Ethyl Corporation  (16-RD-374495)  Houston, TX, August 5, 2026. The Board denied the three Requests for Review of the Regional Director’s Decision and Order Dismissing Petition (filed by Ethyl Corporation, Afton Chemical Corporation, and the Petitioner) as they raised no substantial issues warranting review. Petitioner—an individual. Union—United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Local 227. Chairman Murphy and Members Prouty and Mayer participated.

A-National Limousine Services, Inc., and A-National Transit, LLC, Joint and Single Employers  (10-RC-369430)  Atlanta, GA, August 5, 2026.  The Board denied the Employer’s Request for Review of the Regional Director’s Decision and Direction of Election, finding it raised no substantial issues warranting review.  In so doing, the Board found that the Employer failed to establish a definite contraction of the unit in the “near future,” and took administrative notice that, contrary to the Employer’s assertion that it would cease its contractual relationship with the Metro Atlanta Transit Authority (MARTA) on September 5, 2025, MARTA has subsequently approved two additional contract extensions, with the second extending the parties’ contractual relationship to December 31, 2026.  Petitioner—Local Union 732 of the Amalgamated Transit Union, AFL-CIO.  Chairman Murphy and Members Prouty and Mayer participated.  

Atlantic Windows, Inc.  (05-RC-374415)  Fort Washington, MD, Aug. 6, 2026. The Board denied the Petitioner's Request for Review of the Regional Director's Decision on Objections and Certification of Results which declined to approve the Petitioner's request to withdraw the petition, as it raised no substantial issues warranting review.  Petitioner—International Union of Painters and Allied Trades, Local Union 963, District Council No. 51, a/w International Union of Painters and Allied Trades, AFL-CIO. Chairman Murphy and Members Prouty and Mayer participated.

C Cases

Endurance Environmental Solutions, LLC  (28-CA-278714, et al.)  Las Vegas, NV, August 7, 2026.  No exceptions having been filed to the June 24, 2026 decision of Administrative Law Judge Geoffrey Carter’s finding that the Respondent had engaged in certain unfair labor practices, the Board adopted the judge’s findings and conclusions, and ordered the Respondent to take the action set forth in the judge’s recommended Order.  Charges filed by Teamsters, Chauffeurs, Warehousemen and Helpers Local 631, a/w International Brotherhood of Teamsters.

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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 Food and Commercial Workers Local 7, AFL–CIO  (27-CA-327689 and 27-CB-343601 ; JD–49–26)  Wheat Ridge, CO.   Administrative Law Judge Charles J. Muhl issued his decision on August 5, 2026. Charges filed by an individual and Federation of Agents & International Representatives Union (FAIR).

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