Summary of NLRB Decisions for Week of February 21 - 25, 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

Pain Relief Centers, P.A.  (10-CA-260563, et al.; 371 NLRB No. 70)  Conover, NC, February 23, 2022.

The Board adopted the Administrative Law Judge’s conclusions that the Respondent violated Section 8(a)(1) by discharging five employees for initiating a walkout in protest of the office manager’s abusive treatment of them, and by interrogating these employees the day before the walkout.  The Board also adopted the judge’s conclusions regarding the supervisory status of an employee. Further, as the judge noted, the Board observed that the Respondent interfered with witness participation and sought to admit a fraudulent document into evidence at the hearing.

Charges filed by individuals.  Administrative Law Judge David I. Goldman issued his decision on May 13, 2021.  Members Ring, Wilcox, and Prouty participated.

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Starbucks Corporation  (28-RC-286556; 371 NLRB No. 71)  Mesa, AZ, February 23, 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.  The Board found that the Employer had not met its “heavy burden” to rebut the presumption in favor of the petitioned-for single-store unit, particularly with respect to the factors of interchange and local autonomy over certain personnel functions.

Petitioner—Workers United.  Members Ring, Wilcox, and Prouty 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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases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No Unpublished R Cases Issued.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No Unpublished C Cases Issued.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

Airgas USA, LLC  (31-CA-226568 and 31-CA-260895; JD(SF)-03-22)  Burbank, CA.  Administrative Law Judge Ariel L. Sotolongo issued his decision on February 25, 2022.  Charges filed by International Brotherhood of Teamsters Wholesale Delivery Drivers, General Truck Drivers, Chauffeurs, Sales, Industrial and Allied Workers Local 848.

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