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Cases and Decisions

Cases & Decisions

Summary of NLRB Decisions for Week of January 21 - 24, 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

American Postal Workers Union, AFL-CIO, Local 1901 (United States Postal Service)  (10-CB-231385; 369 NLRB No. 9)  Reidsville, NC, January 21, 2020.

The Board granted the 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(b)(1)(A) by failing to process a grievance and failing to keep the grievant informed as to the status of her grievance.

Charge filed by an individual.  Members Kaplan and Emanuel participated.

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Bloomingdale’s, Inc.  (31-CA-071281; 369 NLRB No. 8)  Sherman Oaks, CA, January 21, 2020.

On remand from the Ninth Circuit Court, the Board dismissed the complaint allegation that the Respondent violated Section 8(a)(1) by maintaining and enforcing mandatory arbitration agreements that reasonable employees would read as restricting employees’ access to the Board’s processes.  Applying The Boeing Co., 365 NLRB No. 154 (2017), and Briad Wenco, LLC d/b/a Wendy’s Restaurant, 368 NLRB No. 72 (2019), the Board concluded that the clear express exclusion, in the plan document, of NLRA claims from the arbitration policy meant employees would not reasonably interpret the policy to bar or restrict their access to the Board.  The Board further concluded that the summary brochure and acknowledgement form in the same packet, although not containing the exclusion themselves, were also lawful because they made clear that the exclusion in the plan document controls.

Charge filed by an individual.  Administrative Law Judge Jeffrey D. Wedekind issued his decision on June 25, 2013.  Chairman Ring and Members Kaplan and Emanuel participated.

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Countrywide Financial Corporation, Countrywide Home Loans, Inc., and Bank of America Corporation  (31-CA-072916 and 31-CA-072918; 369 NLRB No. 12)  Calabasas and Lancaster, CA, January 24, 2020.

On remand from the Ninth Circuit Court, a Board majority (Chairman Ring and Member Kaplan) concluded that the Respondents had violated Section 8(a)(1) by maintaining a mandatory arbitration agreement that unlawfully restricts access to the Board and its processes. Contrary to his colleagues, Member Emanuel would have found that the exclusion clause rendered the agreement lawful.

Charges filed by Joshua D. Buck and Mark Thierman, Thierman Law Firm and Paul Cullen, the Cullen Law Firm.  Administrative Law Judge William G. Kocol issued his decision on February 13, 2013.  Chairman Ring and Members Kaplan and Emanuel participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

HNY Ferry, LLC, d/b/a NYC Ferry  (02-RC-230811)  Brooklyn, NY, January 21, 2020.  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 Regional Director had found that the ferryboat captains are not supervisors under Section 2(11) of the Act.  Petitioner—Marine Engineers’ Beneficial Association, District 1-PCD, AFL-CIO.  Chairman Ring and Members Kaplan and Emanuel participated.

Hearst Magazines Media  (02-RC-252592)  New York, NY, January 22, 2020.  The Board denied the Employer’s Request for Review of the Regional Director’s decision to defer litigation on the supervisory status of 86 individuals in the petitioned-for unit until after the election as it raised no substantial issues warranting review.  The Board also denied the Employer’s Request for Expedited Consideration and Application for a Stay as moot.  Petitioner—Writer’s Guild of America East, Inc.  Chairman Ring and Members Kaplan and Emanuel participated.

Sysco Hampton Roads, Inc.  (05-RC-245597)  Suffolk, VA, January 23, 2020.  The Board denied the Employer’s Request for Review of the Acting Regional Director’s Decision on Objections as it raised no substantial issues warranting review.  The Employer’s objections 1 and 8 alleged deficiency in the original petition and a tainted showing of interest.  Petitioner—International Brotherhood of Teamsters Local Union 822.  Chairman Ring and Members Kaplan and Emanuel participated.

Grocery Haulers  (04-RD-251241)  Iselin, NJ, January 23, 2020.  The Board denied the Petitioner’s Request for Review of the Regional Director’s determination to hold the petition in abeyance as it raised no substantial issues warranting review.  Petitioner—an Individual.  Union—Teamsters Local 773.  Chairman Ring and Members Kaplan and Emanuel participated.

Sysco Oklahoma  (14-RD-254082)  Norman, OK, January 24, 2020.  The Board denied the Employer’s “Emergency Request for Review” of the Acting Regional Director’s determination to hold the decertification petition in abeyance due to blocking charges as it raised no substantial issues warranting review.  In denying review, the Board explained that, for institutional reasons, it was applying extant law in denying the Employer’s “Emergency Request for Review” and noted that the Board recently issued a Notice of Proposed Rulemaking that addresses, among other things, possible changes to the Board’s blocking charge policy.  Petitioner—an Individual.  Union—Teamsters Local 886.  Chairman Ring and Members Kaplan and Emanuel participated.

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

Sterett Crane & Rigging, LLC  (25-CA-237121; JD-03-20)  Elberfeld, IN.  Administrative Law Judge Kimberly R. Sorg-Graves issued her decision on January 21, 2020.  Charge filed by International Union of Operating Engineers, Local 181, a/w International Union of Operating Engineers, AFL-CIO.

United States Postal Service  (28-CA-222265, et al.; JD(SF)-03-20)  Albuquerque, NM.  Administrative Law Judge Jeffrey D. Wedekind issued his decision on January 23, 2020.  Charges filed by American Postal Workers Union, Local 380, AFL-CIO.

Stephens Media Group – Watertown, LLC and Stephens Media Group – Messena, LLC  (03-CA-226225, et al.; JD-04-20)  Massena and Watertown, NY.  Administrative Law Judge Charles J. Muhl issued his decision on January 24, 2020.  Charges filed by National Association of Broadcast Employees and Technicians - Communications Workers of America, AFL-CIO.

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