Summary of NLRB Decisions for Week of June 30 - July 3, 2025
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases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
No Unpublished R Cases Issued.
C Cases
No Unpublished C Cases Issued.
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Appellate Court Decisions
Amalgamated Transit Union, Local 689 a/w Amalgamated Transit Union AFL-CIO, CLC (Transdev North America, Inc.), Board No. 05-CB-286354 (reported at 373 NLRB No. 49) (D.C. Cir. July 1, 2025)
In a published opinion, the D.C. Circuit denied the petition for review filed by Thomas McLamb, the Charging Party, which challenged the Board’s dismissal of the complaint issued against Amalgamated Transit Union, Local 689, affiliated with Amalgamated Transit Union, AFL–CIO, CLC. In doing so, the Court held that the rational bases for the Board’s dismissal of the complaint were supported by the credited evidence and consistent with law.
The complaint allegations arose from events at a facility in Hyattsville, Maryland, run by Transdev North America, Inc., which provides transportation services in Maryland, D.C., and Virginia, where employees are represented by the Union. In 2021, while the Union was holding a campaign to elect new officers and McLamb was a nominee on an anti-incumbent slate, one morning he hurled a series of insults at a shop steward, who ended up striking him after he would not leave her alone. Later that day, a second shop steward met with the general manager to argue that the shop steward who struck McLamb should not be discharged, also stating that if she were discharged, McLamb should be discharged as well. The complaint alleged that the Union violated Section 8(b)(1)(A) when the shop steward physically assaulted McLamb, and Section 8(b)(2) when the second shop steward suggested to the general manager that if the shop steward who struck McLamb were discharged, McLamb too should be discharged.
The Board (Members Prouty and Wilcox; then-Member Kaplan, dissenting in part) dismissed the complaint in its entirety. The Board found that the shop steward did not violate the Act when she struck McLamb because no employee present during the incident would reasonably believe that she struck him in retaliation for his union activities. The Board also found that the statement made to the general manager was conditional in nature, and was stated in an effort to save the shop steward’s job by arguing that neither she nor McLamb deserved to be discharged.
On review, the Court held that the record evidence supported the Board’s findings that a reasonable employee would not believe that the shop steward who struck McLamb was motivated by his protected activities. Rather, the Court cited ample testimony from those who were in the vicinity of the exchange that the shop steward was animated by McLamb’s personal attacks. Further, in agreement with the Board, the Court held that the second shop steward’s statement was made in an effort to ask for leniency for the shop steward, and not for punishment for McLamb.
The Court’s opinion is here.
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Administrative Law Judge Decisions
Resorts World Las Vegas, LLC (28-CA-293239, et al.; JD-54-25) Las Vegas, NV. Administrative Law Judge Andrew S. Gollin issued his decision on July 2, 2025. Charges filed by individuals.
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