Summary of NLRB Decisions for Week of July 1 - 5, 2024
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases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No Unpublished Board Decisions Issued.
C Cases
Bull Street the Movie, LLC (10-CA-299951) Summerton, SC, July 1, 2024. The Board denied the Respondent’s Motion to Dismiss the Complaint, finding that the Respondent failed to establish that there were no genuine issues of material fact warranting a hearing and that it was entitled to judgment as a matter of law. Charge filed by International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, its Territories and Canada, AFL-CIO, CLC. Chairman McFerran and Members Prouty and Wilcox participated.
Walmart, Inc. (15-CA-292146) Baton Rouge, LA, July 1, 2024. No exceptions having been filed to the May 15, 2024 decision of Administrative Law Judge Donna N. Dawson’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 an individual.
Coahoma Opportunities, Inc. (15-CA-301204, et al.) Clarksdale, MS, July 1, 2024. The Board denied the Respondent’s Motion to Dismiss the Complaint, or alternatively for Summary Judgment, as untimely and on the merits. Even had the motion been timely filed, the Board found that the Respondent had not demonstrated that the complaint fails to state a claim upon which relief can be granted. In addition, the Respondent failed to establish that there are no genuine issues of material fact warranting a hearing and that it is entitled to judgment as a matter of law. Charges filed by International Brotherhood of Teamsters, Local 667. Chairman McFerran and Members Prouty and Wilcox participated.
University Hospitals Cleveland Medical Center (08-CA-280382 and 08-CA-287186) Cleveland, OH, July 2, 2024. The Board denied the Respondent’s Motion to Dismiss two paragraphs of the complaint, finding that the Respondent had not demonstrated that the complaint fails to state a claim upon which relief can be granted and that it is entitled to judgment as a matter of law. Further, the Board found no merit in the Respondent’s contention that one of the paragraphs is time-barred by Section 10(b) of the Act. Charges filed by an individual. Chairman McFerran and Members Prouty and Wilcox participated.
Virginia Mason Franciscan Health, d/b/a St. Elizabeth Hospital (19-CA-267892, et al.) Enumclaw, OH, July 2, 2024. The Board denied the Respondent’s Omnibus Motion for Dismissal/Deferral. The Board found that the Respondent failed to establish that the complaint allegations should be dismissed and the charges deferred to the parties’ grievance and arbitration procedures. The Board’s denial was without prejudice to the Respondent’s right to renew its arguments to the Administrative Law Judge, after presenting evidence, and to raise the deferral issue before the Board on exceptions, if appropriate. The Board further found that the Respondent’s alternative request for bifurcation of proceedings was not properly before it. Charges filed by SEIU Healthcare 1199NW. Chairman McFerran and Members Prouty and Wilcox participated.
National Technology and Engineering Solutions of Sandia, LLC, d/b/a Sandia National Laboratories (28-CA-285428) Albuquerque, NM, July 2, 2024. The Board denied the Respondent’s Motion for Summary Judgment, finding that the Respondent failed to establish that there were no genuine issues of material fact warranting a hearing and that it was entitled to judgment as a matter of law. Charge filed by Office & Professional Employees International Union (OPEIU), Local 251. Chairman McFerran and Members Prouty and Wilcox participated.
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Appellate Court Decisions
Hospital de la Concepcion, Board Case No. 12-CA-260107 (reported at 371 NLRB No. 155) (D.C. Cir. decided July 5, 2024).
In a published decision, the D.C. Circuit, after noting that it reviews Board decisions with a “very high degree of deference,” and that it will “set aside a Board order only when it departs from established precedent without reasoned justification, or when the Board’s factual determinations are not supported by substantial evidence,” enforced the Board’s order in full.
Specifically, the Court upheld the Board’s determination that the Hospital violated Section 8(a)(5) and (1) by its undisputed unilateral reduction in hours of employees represented by Unidad Laboral de Enfermeras(os) y Empleados de la Salud, and by refusing to provide request relevant information related to that action. Agreeing with the Board’s application of MV Transp., Inc., 368 NLRB No. 66 (2019), the Court found no merit to the Hospital’s contention that its action was authorized by the collective-bargaining agreement. The Court also agreed with the Board that the Hospital’s assertion of a “sound arguable basis” for its contract claim was irrelevant because the allegation here was of an unlawful unilateral change, not modification of the contract. The Court further agreed with the Board’s findings that the Hospital failed to carry its burden of showing that COVID-related circumstances created exigent circumstance excusing it from bargaining, and that the Hospital failed to demonstrate that it complied with the Union’s information request. Finally, the Court concluded that the Employer forfeited its challenge to the Board’s method of calculating backpay by failing to raise it to the Board.
The Court’s opinion is here.
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Administrative Law Judge Decisions
No Administrative Law Judge Decisions Issued.
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