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Cases and Decisions

Cases & Decisions

Summary of NLRB Decisions for Week of June 13 - 17, 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

Rieth-Riley Construction Co., Inc.  (07-RD-257830 and 07-RD-264330; 371 NLRB No. 109)  Wyoming, MI, June 15, 2022.

The Board (Chairman McFerran and Members Wilcox and Prouty; Members Kaplan and Ring, dissenting) affirmed the Regional Director’s merit-determination dismissals of two decertification petitions, subject to reinstatement.  The Board holds that merit-determination dismissals remain available under the Board’s Election Protection Rule.  

Petitioner—an individual.  Union—Local 324, International Union of Operating Engineers (IUOE), AFL-CIO.  Chairman McFerran and Members Kaplan, Ring, Wilcox, and Prouty participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

3067 Orange Ave, LLC, d/b/a Anaheim Crest Nursing Center  (21-RC-264740)  Anaheim, CA, June 13, 2022.  The Board denied the Employer’s Request for Review of the Regional Director’s Decision and Direction of Election and Supplemental Decision Disposing of Objections and Certification of Representative as they raised no substantial issues warranting review.  The Board explained that although the Regional Director did not analyze the mail ballot issue under Aspirus Keweenaw, 370 NLRB No. 45 (2020), the Regional Director properly ordered a mail ballot election.  In particular, the Board found Aspirus factors 4 and 5 were satisfied; the Employer failed to show that its proposed election room setup was consistent with Board guidelines, and there had been a recent COVID-19 outbreak at the facility.  The Board also found that Aspirus factor 6 (“other similarly compelling circumstances”) favored mail ballot because of the high risk of transmission between employees and the nursing home residents involved.  Member Kaplan would not rely on Aspirus factor 6 but would find that a mail ballot election was appropriate under factors 4 and 5.  Petitioner—Service Employees International Union, Local 2015.  Chairman McFerran and Members Kaplan and Prouty participated.

Union Kitchen LLC  (05-RC-289626)  Washington, D.C., June 16, 2022.  The Board denied the Employer’s Request for Review of the Regional Director’s Report on Determinative Challenged Ballots and Order Directing the Opening and Counting of Certain Ballots (which the Board treated as a Decision on Challenged Ballots) as it raised no substantial issues warranting review.  Petitioner—United Food and Commercial Workers Union Local 400 a/w United Food and Commercial Workers Union, AFL-CIO.  Chairman McFerran and Members Ring and Prouty participated.

OS-DB-JV-2 LLC  (12-RC-294302)  Toa Baja, PR, June 16, 2022.  The Board denied the Employer’s Request for Review of the Regional Director’s Decision and Direction of Election as it raised no substantial issues warranting review.  Petitioner—Sindicato Puertorriqueno de Trabajadores y Trabajadoras, Local 1996, Service Employees International Union.  Chairman McFerran and Members Ring and Prouty participated.

Starbucks Corporation  (03-RC-294186)  Amherst, NY, June 17, 2022.  The Board denied the Petitioner’s Request for Review of the Regional Director’s Denial of Motion to Bar Evidence as it raised no substantial issues warranting review.  Petitioner—Workers United.  Chairman McFerran and Members Ring and Prouty participated.

C Cases

Amazon.Com Services, LLC  (29-CA-277198, et al.)  Staten Island, NY, June 15, 2022.  The Board denied the Respondent’s Request for Special Permission to Appeal the Administrative Law Judge’s order for hearing by videoconference. The Board found that the Respondent failed to comply with the promptness requirement set forth in Section 102.26 of the Board’s Rules and Regulations.  Even if the Board had found the Respondent’s request timely, it would have denied the appeal on the merits because the Respondent failed to demonstrate that the judge abused her discretion.  Charges filed by Amazon Labor Union and individuals. Chairman McFerran and Members Ring and Prouty participated.

United Mineworkers of America, International Union  (10-CB-275094, et al.)  Brookwood, AL, June 16, 2022.  In this case alleging Section 8(b)(1)(A) 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 Warrior Met Coal Mining LLC.  Chairman McFerran and Members Ring and Prouty participated.

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Appellate Court Decisions

No Appellate Court Decisions involving Board Decisions to report.

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Administrative Law Judge Decisions

Pizza Piazza, Inc., d/b/a Bado’s Pizzeria & Delicatessen and d/d/a Bado’s Pizza Grill and Ale House  (06-CA-279445; JD-35-22)  Mount Lebanon, PA.  Administrative Law Judge Ira Sandron issued his decision on June 16, 2022.  Charge filed by an individual.

The Permanente Medical Group, Inc.  (28-CA-273219; JD(SF)-12-22)  Oakland, CA.  Administrative Law Judge John T. Giannopoulos issued his decision on June 16, 2022.  Charge filed by National Union of Healthcare Workers.

SEIU Healthcare Michigan  (07-CG-284431 and 07-RD-282049; JD-36-22)  West Bloomfield, MI.  Administrative Law Judge Michael A. Rosas issued his decision on June 17, 2022.  Charges filed by Maple-Drake Real Estate LLC, d/b/a Notting Hill of West Bloomfield and an individual.

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