Summary of NLRB Decisions for Week of July 29 - August 2, 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 Decisions Issued.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
Universal Protection Service, LLC, d/b/a Allied Universal Security Services (02-RC-333871) Tarrytown, NY, July 30, 2024. The Board granted the Party in Interest’s Request for Review of the Regional Director’s denial of its Motion to Intervene as it raised substantial issues warranting review. The Board also granted the Party in Interest’s request to stay proceedings. Petitioner—Federal Contract Guards of America (FCGOA). Party in Interest—SEIU Local 32BJ. Chairman McFerran and Members Prouty and Wilcox participated.
Con-Vey, LLC (19-RD-333981) Roseburg, OR, July 30, 2024. The Board (Members Prouty and Wilcox; Member Kaplan, dissenting) denied the Employer’s Request for Review of the Regional Director’s Order Dismissing Petition as it raised no substantial issues warranting review. The Regional Director found that dismissal of the Petitioner’s decertification petition was warranted based on the Employer’s unfair labor practices. Dissenting, Member Kaplan would have granted review and remanded for further proceedings. Petitioner—an individual. Union—United Steel, Paper and Forestry, Rubber Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. Members Kaplan, Prouty, and Wilcox participated.
VHS University Laboratories, Inc., d/b/a DMC University Laboratories (07-RD-336726) Detroit, MI, July 30, 2024. The Board denied the Union’s Request for Review of the Regional Director’s Decision on Objections and Certification of Results as it raised no substantial issues warranting review. Petitioner—an individual. Union—Local 283, International Brotherhood of Teamsters (IBT). Members Kaplan, Prouty, and Wilcox participated.
University of Wisconsin Hospitals and Clinics Authority (18-RC-308303) Madison, WI, August 1, 2024. The Board denied the Petitioner’s Request for Review of the Regional Director’s Decision and Order Dismissing Petition as it raised no substantial issues warranting review. In denying review of the Regional Director’s finding that the Employer qualifies as a political subdivision exempt from the Board’s jurisdiction under prong 2 of the test set out in NLRB v. Natural Gas Utility District of Hawkins County, 402 U.S. 600 (1971), the Board found it unnecessary to pass on the Regional Director’s finding that the Employer does not qualify as a political subdivision under prong 1 of that test. Petitioner—Service Employees International Union, SEIU Healthcare Wisconsin. Members Kaplan, Prouty, and Wilcox participated.
C Cases
Tesla, Inc. (03-CA-312352) Buffalo, NY, July 29, 2024. The Board granted the Respondent’s Request for Special Permission to Appeal the Administrative Law Judge’s order denying its request for a bill of particulars, but denied the appeal on the merits. The Board found that the Respondent failed to demonstrate that the judge abused his discretion in denying the Respondent’s request. Charge filed by Rochester Regional Joint Board, Workers United. Members Kaplan, Prouty, and Wilcox participated.
Hudson Institute of Process Research, f/k/a Hudson a Professional Corporation and HIPR Pacsoft Technologies, Inc, a joint employer (06-CA-281972, et al.) Pittsburgh, PA, July 29, 2024. The Board granted the Respondent’s Request for Special Permission to Appeal the Administrative Law Judge’s denial of Respondent’s motion to consolidate this case with a subsequently issued complaint in a different case, but denied the appeal on the merits. The Board found that the Respondent failed to demonstrate that the judge abused his discretion in denying the motion to consolidate. The Board further denied as moot Respondent’s motion to stay the hearing. Charges filed by United Electrical, Radio, and Machine Workers of America. Members Kaplan, Prouty, and Wilcox participated.
Fontainebleau Florida Hotel, LLC, d/b/a Fontainebleau Miami Beach (12-CA-328671) Miami Beach, FL, July 30, 2024. The Board denied the General Counsel’s Motion for Summary Judgment, finding that the General Counsel 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 an individual. Chairman McFerran and Members Prouty and Wilcox participated.
Bakery, Confectionary, Tobacco Workers and Grain Millers Union, AFL-CIO, Local 109-G and its International Union, AFL-CIO (General Mills) (19-CB-296538) Great Falls, MT, July 30, 2024. The Board denied the Respondent’s Motion for Summary Judgment, finding that 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. Charge filed by an individual. Members Kaplan, Prouty, and Wilcox participated.
Kipp Columbus (09-CA-310589, et al.) Columbus, OH, August 2, 2024. No exceptions having been filed to the June 20, 2024 decision of Administrative Law Judge Christal J. Key’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. Charges filed by Ohio Federation of Teachers, American Federation of Teachers, AFL-CIO.
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Appellate Court Decisions
No Appellate Court Decisions involving Board Decisions to report.
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Administrative Law Judge Decisions
United States Postal Service (07-CA-299320, et al.; JD-32-24) Colon, MI, July 29, 2024. Errata to May 23, 2024 decision. Errata Amended Decision.
Starbucks Corporation (02-CA-316515; JD(NY)-18-24) New York, NY. Administrative Law Judge Benjamin W. Green issued his decision on July 29, 2024. Charge filed by Workers United. Errata to July 29, 2024 decision. Errata Amended Decision.
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