Summary of NLRB Decisions for Week of June 24 - 28, 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

American Backflow & Fire Prevention, Inc.  (13-CA-288185; 373 NLRB No. 71)  Wauconda, IL, June 25, 2024.

The Board (Members Prouty and Wilcox; Member Kaplan, dissenting) granted the General Counsel’s Motion for Default Judgment based on the Respondent’s noncompliance with the provisions of its informal settlement agreement with the Union.  The Board found that the Respondent violated Section 8(a)(5) and (1) by withdrawing recognition of the Union and cancelling a scheduled bargaining session without having objective evidence of the Union’s loss of majority support and that the Respondent made no effort to explain to the Region or the Board in response to its notice to show cause how the Respondent’s conduct was consistent with the settlement agreement by having had a lawful basis to withdraw recognition.  The Board ordered the Respondent to comply with the unmet terms of the settlement agreement by, upon the Union’s request, meeting at reasonable times and intervals and bargaining in good faith with the Union as the exclusive collective-bargaining representative of unit employees and committing to a bargaining schedule.  Dissenting, Member Kaplan would not have granted the Motion for Default Judgment because, in his view, the Respondent is entitled to a hearing on whether it unlawfully withdrew recognition.

Charge filed by Plumbers Local 130, United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO.  Members Kaplan, Prouty, and Wilcox participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Northeastern University  (01-RC-311566)  Boston, MA, June 25, 2024.  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—Graduate Employees of Northeastern University – UAW.  Chairman McFerran and Members Prouty and Wilcox participated.

Trustees of the University of Pennsylvania  (04-RC-327396)  Philadelphia, PA, June 26, 2024.  The Board denied an individual’s Requests for Review of the Regional Director’s Order Dismissing Objections and Certification of Representative as they raised no substantial issues warranting review.  The Board also denied the individual’s request for a stay of the election as moot.  Petitioner—Graduate Employees Together – University of Pennsylvania/International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (GETUP-UAW).  Chairman McFerran and Members Prouty and Wilcox participated.

C Cases

Trader Joe’s East, Inc.  (02-CA-306679)  New York, NY, June 24, 2024.  The Board denied the Respondent’s Request for Special Permission to Appeal Deputy Chief Administrative Law Judge’s ruling denying the Respondent’s Motion in Limine to Exclude General Counsel’s Restoration Remedy or, in the Alternative, for a Proffer at the Outset of the Hearing and the Respondent’s Motion to Strike the General Counsel’s Restoration Remedy. The Board found that the Respondent failed to establish that the judge’s rulings could not be appropriately addressed at a later stage of the proceeding.  The denial was without prejudice to the Respondent’s right to renew its objection before the Board on any exceptions that may be filed to the judge’s decision, if appropriate.  Charge filed by United Food and Commercial Workers International Union.  Chairman McFerran and Members Prouty and Wilcox participated.

National Hospitalist Service, Professional Corporation, d/b/a SCP Health  (12-CA-319758)  Orlando, FL, June 24, 2024.  The Board denied an individual’s Petition to Revoke an investigative subpoena ad testificandum.  The Board found that the subpoena sought information relevant to the matter under investigation and described with sufficient particularity the evidence sought, and the Petitioner failed to establish any other legal basis for revoking the subpoena.  Charge filed by an individual.  Chairman McFerran and Members Prouty and Wilcox 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  (28-CA-289622, et al.; JD(SF)-17-24)  Phoenix, AZ, June 25, 2024. Errata to decision issued on June 7, 2024.  Errata   Amended Decision.

Prime Communications, LP  (16-CA-309916; JD(SF)-19-24)  Sugar Land, TX.  Administrative Law Judge Eleanor Laws issued her decision on June 26, 2024.  Charge filed by an individual.

Starbucks Corporation  (31-CA-299074 and 31-CA-300128; JD(SF)-18-24)  Barstow, CA. Administrative Law Judge Gerald M. Etchingham issued his decision on June 28, 2024.  Charges filed by an individual and Workers United.

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