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Cases and Decisions

Cases & Decisions

Summary of NLRB Decisions for Week of January 24 - 28, 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

Atlanticare Management LLC d/b/a Putnam Ridge Nursing Home  (02-CA-177329, et al.; 371 NLRB No. 57)  Brewster, NY, January 27, 2022.

In this backpay compliance proceeding, the Board granted the General Counsel’s Motion for Default Judgment based on the Respondent’s failure to answer the compliance specification or amended compliance specification.  Accordingly, the Board ordered the Respondent to make whole affected employees due to the Respondent’s unlawful reduction of employees’ annual merit wage increases, by paying the employees the amounts set forth in the amended compliance specification with interest.

Charges filed by 1199 SEIU United Healthcare Workers East.  Chairman McFerran and Members Ring and Prouty participated.

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Pace Medical Transport, LLC  (22-CA-235369; 371 NLRB No. 58)  Fairfield, NJ, January 27, 2022.

The Board denied the General Counsel’s Motion for Default Judgment, notwithstanding that the Respondent failed to comply with the terms of the informal settlement agreement. The Board found that the informal settlement agreement did not contain language explicitly providing for withdrawal of the presettlement answer or other language manifesting assent to the entry of a default judgment order and to the withdrawal of any previously filed answer, in the event of noncompliance.  Accordingly, the Board found that the Respondent’s answer to the original complaint survived the breached settlement agreement and the subsequently reissued complaint.

Charge filed by an individual.  Members Ring, Wilcox, and Prouty participated.

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Johnston Fire Services, LLC  (10-CA-254411, et al.; 371 NLRB No. 56)  Paducah, KY, January 27, 2022. 

The Board adopted the Administrative Law Judge’s conclusions that the Respondent, in response to its employees organizing campaign, violated Section 8(a)(3) and (1) by: firing the two lead pro-union employees shortly after the representation election was held; criminally vandalizing one of those employee’s personal vehicle; soliciting employee grievances and promising increased benefits if employees were to forgo union representation; telling employees they were being disloyal and hurtful and were slapping the Employer in the face if they supported the Union; and conditioning the hire of an employee on his remaining antiunion.  In addition, the Board found that the Respondent violated Section 8(a)(3) and (1) by unlawfully refusing to reinstate an employee upon his unconditional offer to return to work from a strike, and thereafter unlawfully discharging him.  Finally, the Board found that the Respondent’s serious and widespread unfair labor practices warranted a notice-reading remedy.

Charges filed by United Association of Journeyman and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL–CIO, Local Union 669 Road Sprinkler Fitters.  Administrative Law Judge Michael A. Rosas issued his decision on July 7, 2021.  Members Ring, Wilcox, and Prouty participated in the decision.

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Audio Visual Services Group, LLC  (28-CA-265596; 371 NLRB No. 59)  Las Vegas, NV, January 28, 2022.

The Board adopted the Administrative Law Judge’s conclusion that the Employer violated Section 8(a)(5) and (1) by refusing to provide requested relevant information to the Union.

Charge filed by International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, its Territories, and Canada, Local 720.  Administrative Law Judge Eleanor Laws issued her decision on August 13, 2021.  Members Kaplan, Wilcox, and Prouty participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Akima Global Services, Inc.  (28-RC-285574)  Florence, AZ, January 27, 2022.  The Board denied the Intervenor’s Request for Review of the Regional Director’s Decision and Direction of Election, as it raised no substantial issues warranting review.  Petitioner—United Government Security Officers of America, International Union and its Local 823.  Intervenor—International Union, Security, Police and Fire Professionals of America (SPFPA) and its Local No. 830.  Chairman McFerran and Members Ring and Prouty participated.

C Cases

D&G Frey Crawfish, LLC  (15-CA-253705 and 15-CA-261337)  Iota, LA, January 24, 2022.  The Board denied the Respondent’s Motion to Dismiss the Complaint or, alternatively, for Summary Judgment, finding that the Respondent failed to establish that there are no genuine issues of material fact and that it is entitled to judgment as a matter of law.  Charges filed by an individual.  Chairman McFerran and Members Kaplan and Wilcox participated.

Paragon Systems, Inc. (21-CA-267599)  Covina, CA, January 26, 2022.  No exceptions having been filed to the December 15, 2021 decision of Administrative Law Judge Mara-Louise Anzalone’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.  Charge filed by Security, Police and Fire Professionals of America (SPFPA), Local 3.

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Appellate Court Decisions

No Appellate Court Decisions involving Board Decisions to report.

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Administrative Law Judge Decisions

Full-Fill Industries, LLC  (25-CA-249830, et al.; JD-04-22)  Henning, IL.  Administrative Law Judge Arthur J. Amchan issued his decision on January 24, 2022.  Charges filed by International Brotherhood of Electrical Workers, Local Union 538.

Alaris Health Boulevard East  (22-CA-268083; JD(NY)-01-22)  Newark, NJ.  Administrative Law Judge Kenneth W. Chu issued his decision on January 26, 2022.  Charge filed by 1199 SEIU United Healthcare Workers East.

Alba Services, Inc.  (02-CA-271714; JD(NY)-02-22)  New York, NY.  Administrative Law Judge Benjamin W. Green issued his decision on January 28, 2022.  Charge filed by Construction & General Building Laborers Local 79.

Pace Air Freight, Inc.  (25-CA-261402; JD-05-22)  Plainfield, IN.  Administrative Law Judge Robert A. Giannasi issued his Supplemental Decision and Order Granting Motion to Dismiss on January 28, 2022.  Charge filed by an individual.

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