Summary of NLRB Decisions for Week of June 28 - July 2, 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
Comprehensive Health Services, LLC (28-RC-276077; 371 NLRB No. 2) El Paso, TX, June 29, 2021.
The Board (Chairman McFerran and Member Ring; Member Emanuel, dissenting) denied the Employer’s Request for Review of the Regional Director’s Decision of Election as it raised no substantial issues warranting review. The Board relied on the Regional Director’s finding that a mail ballot election was warranted under factor 4 of Aspirus Keweenaw, 370 NLRB No. 45 (2020), because the proposed room for a manual election would not have provided enough space to ensure adequate social distancing and safe traffic flow to prevent COVID-19 infection under the requirements of General Counsel Memorandum 20-10 “Suggested Manual Election Protocols” (July 6, 2020). The Board found it unnecessary to reach the Regional Director’s other findings regarding the Aspirus factors. The Board denied the Employer’s Request for Extraordinary Relief as moot. Dissenting, Member Emanuel would have granted review to revisit the Board’s Aspirus factors in light of the evolving nature of the COVID-19 pandemic.
Petitioner—International Union of Operating Engineers Local 351. Chairman McFerran and Members Emanuel and Ring participated.
Geodis Logistics, LLC (15-RD-217294 and 15-RD-231857; 371 NLRB No. 1) Memphis, TN, June 30, 2021.
The Board (Members Kaplan and Ring; Chairman McFerran, dissenting) granted the Employer’s Request for Review of the Regional Director’s Order Denying Employer’s Second Renewed Request to Reinstate Decertification Election Petitions, as it raised substantial issues warranting review with respect to whether the remedial period associated with the settlement of unfair labor practice charges was complete under Truserv Corp., 349 NLRB 227 (2007). Dissenting, Chairman McFerran would have denied review. The Chairman found that the Employer lacked standing to seek reinstatement and processing of its employees’ decertification petitions, and that, even if the Employer had standing to seek reinstatement of the petitions, its contentions were not properly before the Board in this representation proceeding because they relate to the Regional Director’s processing of unfair labor practice case matters.
Petitioner—an individual. Union—United Steel, Paper and Forestry, Rubber, Manufacturing, Energy Allied Industrial and Service Workers Union, AFL-CIO-CLC. Chairman McFerran and Members Kaplan and Ring participated.
CW Building Maintenance (20-CA-272158; 371 NLRB No. 3) San Francisco, CA, July 1, 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 complaint and compliance specification. The Board found that the Respondent violated Section 8(a)(5) and (1) by failing and refusing to make contributions to the Union’s pension fund as required by the parties’ collective bargaining agreement.
Charge filed by Service Employees International Union, SEIU Local 87. Chairman McFerran and Members Emanuel and Ring participated.
Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
Consolidated Bus Transit, Inc. (29-RC-275347) Brooklyn, NY, June 28, 2021. The Board denied the Intervenor’s Request for Review of the Regional Director’s determination not to impound the ballots under Section 103.20(b) of the Board’s Rules and Regulations, and denied the Intervenor’s request for extraordinary relief (to impound the ballots pending the Board’s ruling on its request for review) as moot. Petitioner—Amalgamated Local Transit Workers Local 854. Intervenor—International Brotherhood of Teamsters, Local 553. Members Kaplan, Emanuel, and Ring participated.
American Medical Response Mid-Atlantic, Inc. (05-CA-221233) Washington, DC, June 29, 2021. The Board granted the Respondent’s Motion for Clarification of the Board’s Decision and Order, reported at 369 NLRB No. 125 (2020). The Board found that its retroactivity analysis in General Motors, 369 NLRB No. 127 (2020), required it to now apply General Motors and the framework articulated in Wright Line, 251 NLRB 1083 (1980), to the issues presented in this case. The Board vacated its underlying Decision and subsequent unpublished Order and remanded the case to the Administrative Law Judge for further consideration. Charge filed by an individual. Members Kaplan, Emanuel, and Ring participated.
Hawaii Nurses Association OPEIU Local 50 (20-CB-258306) Honolulu, HI, July 2, 2021. No exceptions having been filed to the May 21, 2021 decision of Administrative Law Judge Gerald M. Etchingham’s finding that the Respondent had not engaged in certain unfair labor practices, the Board adopted the judge’s findings and conclusions, and dismissed the complaint. Charge filed by Bio-Medical Applications of California, Inc. and Liberty Dialysis-Hawaii, LLC.
Appellate Court Decisions
No Appellate Court Decisions involving Board Decisions to report.
Administrative Law Judge Decisions
Bardon, Inc., d/b/a Aggregate Industries (05-CA-248026; JD-32-21) Millville, WV. Administrative Law Judge Paul Bogas issued his decision on July 2, 2021. Charge filed by International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, AFL-CIO, CLC.
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