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Cases and Decisions

Cases & Decisions

Summary of NLRB Decisions for Week of July 18 - 22, 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

H.W. Weidco/Ren LLC d/b/a South Jersey Extended Care  (04-CA-288087; 371 NLRB No. 115)  Bridgeton, NJ, July 18, 2022.

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(a)(5) and (1) by failing and refusing to bargain with the Union for a successor collective-bargaining agreement.

Charge filed by United Food and Commercial Workers, Local 152.  Chairman McFerran and Members Ring and Prouty participated.

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Dynamic Concepts, Inc.  (05-RC-282516; 371 NLRB No. 117)  Washington, DC, July 22, 2022.

On review, the Board affirmed that the Regional Director was free to approve an agreement to proceed to a rerun election even though the objecting party refused to proceed to a rerun election even though the objecting party refused to sign the agreement.  The Board concluded, however, that when Regional Directors follow this procedure, the rerun election must be scheduled for an appropriate time “when the circumstances permit the free choice of a bargaining representative.”  Further, the Board set forth new language to be used in the Notice advising employees of the reasons for a rerun election in this specific situation.  The Board therefore lifted the previously granted stay of election and remanded the case for further proceedings.  Member Kaplan, dissenting in part, would not have amended the Notice language and would not have limited the timing of the rerun to “when the circumstances permit the free choice of a bargaining representative.”

Petitioner—Construction and Master Laborers’ Local Union 11.  Members Kaplan, Wilcox, and Prouty participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

No Unpublished R Cases Issued.

C Cases

Variety Restaurant Group, LLC d/b/a Tudor’s Biscuit World of Elkview  (09-CA-288570, et al.)  Elkview, WV, July 19, 2022.  The Board denied the Respondent’s Partial Motion to Dismiss the Second Consolidated Complaint, finding that the Respondent has not demonstrated that the complaint fails to state a claim upon which relief can be granted.  Charges filed by United Food and Commercial Workers International Union, CLC (UFCW), Local 400.  Chairman McFerran and Members Kaplan and Ring participated.

Allservice Plumbing and Maintenance, Inc.  (15-CA-019433, et al.)  Baton Rouge, LA, July 22, 2022.  The Board adopts the findings and conclusions of the May 2, 2013 Supplemental Decision of Administrative Law Judge Robert A. Ringler and orders Respondent to pay the amounts set forth in the recommended Order.  Charges filed by United Association of Journeyman and Apprentices of the Plumbing Industry of the United States and Canada, Local 198.

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Appellate Court Decisions

No Appellate Court Decisions involving Board Decisions to report.

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Administrative Law Judge Decisions

Rieth-Riley Construction Co., Inc.  (07-CA-261954, et al.; JD-42-22)  Goshen, IN and Bloomfield Township, MI.  Administrative Law Judge Charles J. Muhl issued his decision on July 18, 2022.  Charges filed by Local 324, International Union of Operating Engineers (IUOE), AFL-CIO.

Constellis, LLC, d/b/a Academi Training Center, LLC  (05-CA-278218; JD-43-22)  Upper Marlboro, MD.  Administrative Law Judge Arthur J. Amchan issued his decision on July 19, 2022.  Charge filed by an individual.

Garland Symphony Orchestra Association, Las Colinas Symphony Orchestra Association and Symphony Arlington, a single employer  (16-CA-264468 and 16-CA-281162; JD-44-22)  Garland, TX.  Administrative Law Judge Robert A. Ringler issued his decision on July 21, 2022.  Charges filed by Dallas-Fort Worth Professional Musicians Association, Local 72-147, American Federation of Musicians.

River City Asphalt, Inc.  (18-CA-280068 and 18-CA-283815; JD-45-22)  Shakopee, MN.  Administrative Law Judge Ira Sandron issued his decision on July 21, 2022.  Charges filed by an individual.

DirecTV, LLC  (19-CA-279701; JD(SF)-18-22)  Kennewick, WA.  Administrative Law Judge Eleanor Laws issued her decision on July 22, 2022.  Charge filed by International Brotherhood of Electrical Workers Local 89.

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