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Cases and Decisions

Cases and Decisions

Summary of NLRB Decisions for Week of January 13 - 17, 2020

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

No Published Board Decisions Issued.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

No Unpublished R Cases Issued.

C Cases

International Longshoremen’s Association Local Union No. 1402, AFL-CIO (Ceres Marine Terminals, Inc.)  (12-CB-225882, et al.)  Tampa, FL, January 14, 2020.  The Board approved a formal settlement stipulation between the Respondent, the Charging Parties, and the General Counsel and specified actions the Respondent must take to comply with the Act.  The complaint had alleged Section 8(b)(1)(A) violations.  Charges filed by individuals.  Chairman Ring and Members Kaplan and Emanuel participated.

Southern Mechanic & Construction; Takco Construction; SMCore; Smart Mechatronics Core; and Koda LLC as alter egos, and/or single integrated enterprise and/or single employer and/or joint employers  (25-CA-222876, et al.)  Rochelle, IL, January 15, 2020.  The Board denied the Employer’s Petition to Revoke three identical investigative subpoenas duces tecum as untimely.  Even assuming the petition were timely filed, the Board found that it lacked merit as the subpoenas sought information relevant to the matters under investigation and described with sufficient particularity the evidence sought, and the Employer failed to establish any other legal basis for revoking the subpoenas.  Charges filed by Iron Workers International Union.  Chairman Ring and Members Kaplan and Emanuel participated.

Sysco Columbia, LLC  (10-CA-197586, et al.)  Columbia, SC, January 17, 2020.  The Board denied the Respondent’s Motion for Reconsideration of the Board’s Decision and Order, reported at 368 NLRB No. 129 (2019), because the Respondent had not identified any material error or demonstrated extraordinary circumstances warranting reconsideration.  Charges filed by International Brotherhood of Teamsters Local Union 509.  Chairman Ring and Member Kaplan participated.

ADT, LLC  (16-CA-144548, et al.)  Fort Worth, TX, January 17, 2020.  The Board denied the Charging Party’s Motion for Reconsideration of the Board’s Decision and Order, reported at 368 NLRB No. 118 (2019), because the Charging Party had not identified any material error or demonstrated extraordinary circumstances warranting reconsideration.  Charges filed by Communications Workers of America, AFL-CIO.  Chairman Ring and Members Kaplan and Emanuel 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

S&S Enterprises, LLC d/b/a Appalachian Heating  (09-CA-235304, et al.; JD-01-20)  Charleston, WV.  Administrative Law Judge David I. Goldman issued his decision on January 15, 2020.  Charges filed by Sheet Metal, Air, Rail and Transportation Workers, Local Union No. 33.

WDC Acquisition, LLC  (18-CA-220488, et al.; JD-02-20)  Creston, IA.  Administrative Law Judge Arthur J. Amchan issued his decision on January 16, 2020.  Charges filed by USW AFL-CIO/CLC and USW GMP Council Local 17B and District Lodge 6, International Association of Machinists & Aerospace Workers, AFL-CIO.

Triumfo, Inc.  (28-CA-222740; JD(SF)-02-20)  Las Vegas, NV.  Administrative Law Judge Mara-Louise Anzalone issued her decision on January 17, 2020.  Charge filed by International Brotherhood of Teamsters, Local 631, a/w International Brotherhood of Teamsters.

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