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Cases and Decisions

Cases & Decisions

Summary of NLRB Decisions for Week of January 3 - 7, 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

Stericyle, Inc.  (04-CA-137660, et al.; 371 NLRB No. 48)  Southampton, PA, January 6, 2022.

The Board (Chairman McFerran and Members Wilcox and Prouty; Members Kaplan and Ring, dissenting) issued a Notice and Invitation to File Briefs, inviting the parties and interested amici to address the following questions: (1) Should the Board continue to adhere to the standard adopted in Boeing Co., 365 NLRB No. 154 (2017), and revised in LA Specialty Produce Co., 368 NLRB No. 93 (2019)?; (2) In what respects, if any, should the Board modify existing law addressing the maintenance of employer work rules to better ensure that: (a) the Board interprets work rules in a way that accounts for the economic dependence of employees on their employers and the related potential for a work rule to chill the exercise of Section 7 rights by employees; (b) the Board properly allocates the burden of proof in cases challenging an employer’s maintenance of a work rule under Section 8(a)(1); and (c) the Board appropriately balances employees’ rights under Section 7 and employers’ legitimate business interests?; and (3) Should the Board continue to hold that certain categories of work rules—such as investigative-confidentiality rules as addressed in Apogee Retail LLC d/b/a Unique Thrift Store, 368 NLRB No. 144, (2019), non-disparagement rules as addressed in Motor City Pawn Brokers, 369 NLRB No. 132 (2020), and rules prohibiting outside employment as addressed in Nicholson Terminal & Dock Co., 369 NLRB No. 147 (2020), and G&E Real Estate Management Services d/b/a Newmark Grubb Knight Frank, 369 NLRB No. 121 (2020)—are always lawful to maintain?  The parties and interested amici may file briefs with the Board by March 7, 2022, with parties permitted to file responsive briefs by March 22, 2022. 

Dissenting, Members Kaplan and Ring stated that they see no need for the Board to reconsider Boeing, that rules under that standard are interpreted from the proper point of view, and that Boeing creates predictability.  Accordingly, they maintained that the Board should not reconsider cases applying Boeing that concern investigative confidentiality, non-disparagement, and outside employment.

Charges filed by Teamsters Local 628.  Chairman McFerran and Members Kaplan, Ring, Wilcox, and Prouty participated. 

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Sammi Beauty Global, WA Inc.  (19-CA-250201, et al.; 371 NLRB No. 49)  Bellevue, WA, January 6, 2022.

The Board granted the General Counsel’s Motion for Default Judgment based on the Respondent’s failure to comply with the terms of an informal settlement agreement.  The Board found that the Respondent violated Section 8(a)(5), (4), (3), and (1).  The Board denied the General Counsel’s motion to find the owner an alter ego of the Respondent without prejudice to her right to renew the allegation in any subsequent compliance proceeding.

Charges filed by Service Employees International Union Local 6.  Members Ring, Wilcox, and Prouty participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

MJ Melo Painting, Ltd.  (29-RC-279096)  Brooklyn, NY, January 7, 2022.  The Board granted the Petitioner’s Request for Review of the Acting Regional Director’s Decision on Challenges and Objections and Direction of Second Election, finding that the Regional Director could not set aside the election on the basis of two improperly commingled ballots and the failure to count a misplaced ballot without first determining that those three votes were determinative.  Petitioner—International Brotherhood of Electrical Workers Local 1430.  Chairman McFerran and Members Ring and Prouty 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

Quickway Transportation, Inc.  (09-CA-251857, et al.; JD-01-22)  Louisville, KY.  Administrative Law Judge Arthur J. Amchan issued his decision on January 4, 2022.  Charges filed by individuals and General Drivers, Warehousemen and Helpers, Local Union No. 89, a/w the International Brotherhood of Teamsters.

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