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Cases and Decisions

Cases & Decisions

Summary of NLRB Decisions for Week of January 31 - February 4, 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

Napleton 1050, Inc. d/b/a Napleton Cadillac of Libertyville  (13-CA-209951, et al.; 369 NLRB No. 56)  Libertyville, IL, January 31, 2022.  Errata to April 14, 2020 decision.  Errata   Amended Decision.

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Wilkes-Barre Hospital Company LLC d/b/a Wilkes-Barre General Hospital   (04-CA-259936 and 04-CA-260035; 371 NLRB No. 55)  Wilkes-Barre, PA, February 1, 2022.

The Board adopted the Administrative Law Judge’s conclusions that the Respondent violated Section 8(a)(5) and (1) by failing and refusing to furnish the Union with requested information, unreasonably delaying in furnishing the Union with requested information, and failing and refusing to participate in grievance discussions involving the Union’s designated legal counsel.

Charges filed by Wyoming Valley Nurses Association/Pennsylvania Association of Staff Nurses and Allied Professionals.  Administrative Law Judge Donna N. Dawson issued her decision on April 27, 2021.  Chairman McFerran and Members Kaplan, Ring, Wilcox, and Prouty participated.

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The Painting Contractor, LLC  (09-CA-248716 and 09-CA-250898; 371 NLRB No. 60)  Cincinnati, OH, February 2, 2022.

The Board reversed the Administrative Law Judge’s conclusion that the Respondent effectively withdrew from the multiemployer association (the Association).  The Respondent’s attempted withdrawal was untimely by its terms, and the Respondent was therefore bound to the successor collective-bargaining agreement reached between the Association and the Union.  The Board found that the Respondent violated Section 8(a)(5) and (1) by failing to adhere to the terms of the successor agreement.  The Board also adopted the judge’s finding that the Respondent violated Section 8(a)(5) and (1) by unilaterally changing contributions to two Union funds before bargaining to a good-faith impasse.

Charges filed by International Union of Painters and Allied Trades, AFL-CIO, CLC District Council 6.  Administrative Law Judge Geoffrey Carter issued his decision on February 26, 2021.  Chairman McFerran and Members Ring and Prouty participated.

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Atlanticare Management LLC d/b/a/ Putnam Ridge Nursing Home  (02-CA-177329, et al.; 371 NLRB No. 57)  Brewster, NY, February 2, 2022.  Errata to the January 27, 2022 decision.  Errata   Amended Decision.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Amazon.com Services LLC  (10-RC-269250)  Bessemer, AL, February 4, 2022. The Board denied the Petitioner’s Request for Review of the Regional Director’s Order Scheduling Mail Ballot Election as it raised no substantial issues warranting review.  Petitioner—Retail, Wholesale and Department Store Union.  Chairman McFerran and Members Kaplan and Ring participated.

Duke University  (10-RC-276475)  Durham, NC, February 4, 2022.  The Board denied the Employer’s Request for Review of the Regional Director’s Decision on Challenged Ballots as it raised no substantial issues warranting review.  Petitioner—Washington-Baltimore News Guild, Local 32035.  Chairman McFerran and Members Kaplan and Ring participated.

C Cases

AT&T Mobility Services, LLC  (12-CA-277570)  Tampa, FL, February 1, 2022.  In this case alleging Section 8(a)(5) and (1) violations, the Board approved a formal settlement stipulation between the Respondent, the Charging Party, and the General Counsel, and specified actions the Respondent must take to comply with the Act.  Charge filed by Communications Workers of America, Local 3108, AFL-CIO.  Chairman McFerran and Members Ring and Prouty participated.

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Appellate Court Decisions

Wismettac Asian Foods, Inc., Board Case No. 21-CA-207463, et al. (reported at 371 NLRB No. 9) (9th Cir. decided February 2, 2022).

In an unpublished memorandum decision, the Court enforced the Board’s order that issued against this distributor of Japanese food products with headquarters in Santa Fe Springs, California.  In 2017, after the International Brotherhood of Teamsters, Local 630, filed a petition to represent the warehouse workers and drivers at that location, the Employer undertook an extensive anti-union campaign in which it was found to have committed numerous unfair labor practices.  Specifically, the Board (then-Chairman Ring and Members Kaplan and Emanuel) found that the Employer violated Section 8(a)(1) by promising employees that they would regain bonuses that the Employer had taken away, with retroactive pay, as well as better benefits and improved terms and conditions of employment, if they were to reject the Union as their bargaining representative.  The Board also found that the Employer violated Section 8(a)(3) and (1) by retaliating against five union activists by taking a variety of adverse actions against them, including the discipline, demotion, suspension, and discharge of some, and the refusal to consider or re-hire others.  Further, the Board found that the Employer violated Section 8(a)(1) by soliciting employees to revoke their union authorization cards.

On review, the Court took the case on submission without oral argument, and held that the Board’s unfair-labor-practice findings were supported by substantial evidence.  In doing so, the Court noted the Employer’s hostility toward the Union, its falsification of disciplinary records in an effort to create pretextual reasons for taking adverse actions against the Union activists, and the evidence of a coercive environment created by the Employer’s union-free campaign, which included holding a mandatory meeting at which armed security guards stood in front of the door and a manager stated that “under no conditions” would he allow the Union “to come into the company.”

The Court’s opinion is here.

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Administrative Law Judge Decisions

Southwest Florida Symphony Orchestra and Chorus Association, Inc.  (12-CA-272243 and 12-CA-278936; JD-06-22)  Fort Myers, FL.  Administrative Law Judge Arthur J. Amchan issued his decision on February 1, 2022.  Charges filed by American Federation of Musicians, Local 427-721, AFL-CIO.

General Aire Systems, Inc.  (04-CA-279137; JD-07-22)  Darby, PA.  Administrative Law Judge Donna N. Dawson issued her decision on February 4, 2022.  Charge filed by International Association of Sheet Metal, Air, Rail & Transportation Workers (SMART), Sheet Metal Workers Local 19.

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