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Cases and Decisions

Cases & Decisions

Summary of NLRB Decisions for Week of June 21 - 25, 2021

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

Ed’s Beans Inc. d/b/a Crazy Mocha Coffee (06-CA-265396 and 06-CA-265574; 370 NLRB No. 140) Pittsburgh, PA, June 22, 2021.

The Board granted the Acting General Counsel’s Motion for Default Judgment based on the Respondent’s failure to file an answer to the amended consolidated complaint.  The Board found that the Respondent violated Section 8(a)(1) by, among other things, demanding that employees cease engaging in protected concerted activity, discharging four employees because they engaged in protected concerted activity by complaining about their working conditions, and refusing to recall employees because they engaged in protected concerted activity by complaining about their working conditions.

Charges filed by individuals.  Chairman McFerran and Members Emanuel and Ring participated.

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 Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

College Bound Dorchester, Inc. (01-RC-261667) Boston, MA, June 25, 2021.  The Board granted the Employer’s Request for Review of the Acting Regional Director’s Decision and Order as it raised substantial issues warranting review.  The Board found the Employer’s challenge to a ballot cast in the mail-ballot election raised substantial and material issues as to whether the ballot was cast by an eligible employee that must be resolved at a hearing.  The Board therefore remanded the case to the Regional Director for further action.  Petitioner—Service Employees International Union Local 888.  Chairman McFerran and Members Emanuel and Ring Participated.

 Douglas Emmett Management, LLC (31-RM-264415) Woodland Hills, CA, June 25, 2021.  The Board denied the Union’s Request for Review of the Regional Director’s Decision Disposing of Objections and Determinative Challenges as it raised no substantial issues warranting review.  Chairman McFerran, dissenting, would have granted review.  Union—International Union of Operating Engineers, Local 501.  Chairman McFerran and Members Kaplan and Emanuel participated.

 Douglas Emmett Management, LLC (31-RM-264449) Santa Monica, CA, June 25, 2021.  The Board denied the Union’s Request for Review of the Regional Director’s Decision Disposing of Objections to Conduct Affecting the Results of the Revised Tally of Ballots and Certification of Results as it raised no substantial issues warranting review.  Chairman McFerran, dissenting, would have granted review.  Union—International Union of Operating Engineers, Local 501.  Chairman McFerran and Members Kaplan and Emanuel participated.

 Wendt Corporation (03-RD-276476) Cheektowaga, NY, June 25, 2021.  The Board granted the Union’s Request for Review of the Regional Director’s Decision and Direction of Election, finding that the Regional Director should have determined the impact, if any, of the unfair labor practice violations found in Wendt Corp., 369 NLRB No. 135 (2020), on the decertification petition before directing an election.  Member Emanuel, dissenting, would have found that the election should not be deferred until the final adjudication of the unfair labor practices at issue by the D.C. Circuit Court.  Petitioner—an individual.  Union—Shopmen’s Local Union No. 576.  Chairman McFerran and Members Emanuel and Ring participated.

 C Cases

 VNS Federal Services, LLC (09-CA-262035 and 09-CB-262047) Piketon, OH, June 21, 2021.  The Board denied the Respondent Union’s Request for Special Permission to Appeal the Administrative Law Judge’s order denying its motion for a bill of particulars.  The Board found that the Union failed to establish that the judge abused his discretion in denying the motion.  Charges filed by an individual.  Chairman McFerran and Members Emanuel and Ring participated.

 VNS Federal Services, LLC (09-CA-262035 and 09-CB-262047) Piketon, OH, June 21, 2021.  The Board denied the Respondents’ Requests for Special Permission to Appeal the Administrative Law Judge’s order granting the Acting General Counsel’s motion in limine.  The Board found that the Respondents failed to establish that the judge abused his discretion in granting the motion.  Charges filed by an individual.  Chairman McFerran and Members Emanuel and Ring participated.

 VNS Federal Services, LLC (09-CA-262035 and 09-CB-262047) Piketon, OH, June 21, 2021.  The Board denied the Respondent Union’s Request for Special Permission to Appeal certain evidentiary rulings made by the Administrative Law Judge.  The Board found that the Union failed to establish that the judge abused his discretion in denying the motion.  Charges filed by an individual.  Chairman McFerran and Members Emanuel and Ring participated.

Local 324, International Union of Operating Engineers (IUOE), AFL-CIO (Rieth-Riley Construction Company, Inc.) (07-CA-234085 and 07-CB-226531) Detroit, MI, June 22, 2021.  The Board denied Respondent Rieth-Riley Construction Company’s Request for Special Permission to Appeal from the Administrative Law Judge’s order granting the Acting General Counsel’s motion to amend the complaint.  The Board found that the Respondent failed to establish that the order could not be addressed at a later stage of the proceeding or that the judge abused his discretion in finding that the proposed amendment was just.  Charges filed by Local 324, International Union of Operating Engineers (IUOE), AFL-CIO.  Chairman McFerran and Members Emanuel and Ring participated.

 Echo Transportation (16-CA-259171) Houston, TX, June 24, 2021.  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 is entitled to judgment as a matter of law.  Charge filed by Amalgamated Transit Union, Local 1338.  Chairman McFerran and Members Emanuel and Ring participated.

 Island Management Partners, Inc., and Production Personnel, Inc., a single employer and Ian Roberson (12-CA-140702) Jensen Beach, FL, June 25, 2021.  The Board granted the Acting General Counsel’s Request for Special Permission to Appeal the Administrative Law Judge’s order granting in part the Respondents’ petition to revoke subpoenas duces tecum, and granted the appeal on the merits.  The Board found that the judge abused his discretion in limiting the subpoenas’ temporal scope because the requested documents are relevant to the issues presented and may yield probative evidence regarding the parties’ relationships as of the commission of the unfair labor practices.  The Board further found that the imposition of different temporal limitations on requests seeking corporate documents and those seeking personal documents lacks specificity and is unsupported by law.  Thus, the Board reversed the judge’s order insofar as it granted the petition to revoke and remanded for further appropriate action.  Charge filed by International Alliance of Theatrical Stage Employees and Moving Picture Technicians, Artists, and Allied Crafts, Local 500, AFL-CIO.  Chairman McFerran and Members Emanuel and Ring participated.

 Bridgestone Americas Tire Operations, LLC (10-CA-270583) La Vergne, TN, June 25, 2021.  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 Acting General Counsel, and specified actions the Respondent must take to comply with the Act.  Charge filed by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC, and its Local 1055L.  Chairman McFerran and Members Emanuel and Ring 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

 Starbucks Corporation d/b/a Starbucks Coffee Company (04-CA-252338, et al.; JD-27-21) Philadelphia, PA.  Administrative Law Judge Andrew S. Gollin issued his decision on June 21, 2021.  Charges filed by Philadelphia Baristas United and individuals.

 Emerald Los Angeles, LLC (21-CA-233024; JD(SF)-10-21) Commerce, CA.  Administrative Law Judge Eleanor Laws issued her decision on June 22, 2021.  Charge filed by Western States Regional Joint Board Workers United/SEIU.

 Zacatacos Incorporated (13-CA-261409 and 13-CA-261410; JD-30-21) Chicago, IL.  Administrative Law Judge Arthur J. Amchan issued his decision on June 23, 2021.  Charges filed by an individual.

 Truck Drivers, Chauffeurs and Helpers, Local Union No. 100, a/w The International Brotherhood of Teamsters (Tea Shop Productions LLC d/b/a The Foundation) (09-CB-249487; JD-31-21) Cincinnati, OH.  Administrative Law Judge Melissa M. Olivero issued her decision on June 25, 2021.  Charge filed by an individual.

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