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Cases and Decisions

Cases & Decisions

Summary of NLRB Decisions for Week of December 20 - 24, 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

Nissan North America, Inc.  (10-RC-273024; 371 NLRB No. 43)  Smyrna, TN, December 21, 2021.

The Board (Chairman McFerran and Members Wilcox and Prouty; Members Kaplan and Ring, dissenting) granted the Petitioner’s Request for Review of the Acting Regional Director's Decision and Direction of Election.  The Board majority found that the Request for Review raised substantial issues regarding the Acting Regional Director’s finding that the petitioned-for unit of Tool and Die Maintenance Technicians does not constitute a separate craft unit or that, even if it did, the unit would be inappropriate for collective bargaining.  Dissenting, Members Kaplan and Ring would find that the petitioned-for unit did not constitute a separate craft unit.

Petitioner—International Association of Machinists and Aerospace Workers (IAM), District Lodge 1888.  Chairman McFerran and Members Kaplan, Ring, Wilcox, and Prouty participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Starbucks Corporation  (28-RC-286556)  Mesa, AZ, December 21, 2021.  The Board denied the Employer’s Request for Review of the Regional Director’s Denial of its Motion for Extension of Time to File a Post-Hearing Brief.  Petitioner—Workers United.  Members Ring, Wilcox, and Prouty participated.

Los Angeles Daily News Publishing Company, a Delaware Corporation, d/b/a Los Angeles Daily News, et al.  (21-RC-273230)  Anaheim, CA, December 22, 2021.  The Board denied the Employer’s Request for Review of the Regional Director’s Decision and Direction of Election finding the petitioned-for unit of all editorial-department employees appropriate for collective bargaining purposes.  Petitioner—Media Guild of the West, TNG-CWA Local 39213.  Members Ring, Wilcox, and Prouty participated.

C Cases

Curaleaf Massachusetts, Inc.  (01-CA-276355)  Hanover, MA, December 23, 2021.  In this case alleging Section 8(a)(5) and (1) violations, the Board approved a formal settlement stipulation between the Respondent, the Charging Party, and the General Counsel, and specified actions the Respondent must take to comply with the Act.  Charge filed by United Food and Commercial Workers Union, Local 328.  Members Ring, 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

Needham Excavating, Inc.  (25-CA-239166, et al.; JD-77-21)  Walcott, IA.  Administrative Law Judge Sharon Levinson Steckler issued her decision on December 20, 2021.  Charges filed by International Union of Operating Engineers, Local 150, AFL-CIO.

Troy Grove, a Division of Riverstone Group Inc., Vermilion Quarry, a Division of Riverstone Group, Inc.  (25-CA-262611; JD-78-21)  Utica, IL.  Administrative Law Judge Christine E. Dibble issued her decision on December 21, 2021.  Charge filed by International Union of Operating Engineers, Local 150, AFL-CIO.

Hospital la Concepcion  (12-CA-260107; JD-80-21)  San Juan, PR.  Administrative Law Judge Kimberly R. Sorg-Graves issued her decision on December 22, 2021.  Charge filed by Unidad Laboral de Enfermeras (OS), y Empleados de la Salud.

Serta Simmons Bedding, LLC  (04-CA-266838, et al.; JD-76-21)  Hazelton, PA, December 22, 2021.  Errata to Administrative Law Judge Robert A. Ringler’s decision of December 17, 2021.  Charges filed by individuals.   Errata   Amended Decisions.

Valley Hospital Medical Center, Inc., d/b/a Valley Hospital Medical Center  (28-CA-234647, et al.; JD(SF)-25-21)  Las Vegas, NV.  Administrative Law Judge Amita Baman Tracy issued her decision on December 22, 2021.  Charges filed by Culinary Workers Union, Local 226 a/w UNITE HERE International Union and an individual.

Catsmo, LLC  (03-CA-274827 and 03-CA-274855; JD-79-21)  Wallkill, NY.  Administrative Law Judge Geoffrey Carter issued his decision on December 22, 2021.  Charges filed by individuals.

Troy Grove, a Division of Riverstone Group Inc., Vermilion Quarry, a Division of Riverstone Group, Inc.  (25-CA-262611; JD-78-21)  Utica, IL, December 23, 2021.  Errata to Administrative Law Judge Christine E. Dibble’s Decision of December 21, 2021.  Errata   Amended Decision.

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