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Cases and Decisions

Cases & Decisions

Summary of NLRB Decisions for Week of June 6 - 10, 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

American Medical Response of Connecticut, Inc.  (01-CA-263985; 371 NLRB No. 106)  New Haven, CT, June 10, 2022.

The Board adopted the Administrative Law Judge’s conclusion that the Employer violated Section 8(a)(5) and (1) by refusing to provide requested relevant information to the Union.

Charge filed by International Association of EMTs & Paramedics Local R1-999, NAGE/SEIU Local 5000.  Administrative Law Judge Andrew S. Gollin issued his decision on March 11, 2021.  Chairman McFerran and Members Ring and Wilcox participated.

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WideOpen-West Illinois, LLC  (13-RC-274653; 371 NLRB No. 107)  Warrenville, IL, June 10, 2022.

The Board granted the Petitioner’s Request for Review as it raised substantial issues warranting review.  On review, the Board reversed the Acting Regional Director’s Decision and Direction of Election in a unit larger than the petitioned-for unit.  Applying its decision in The Boeing Co., 368 NLRB No. 67 (2019), the Board found the employees in the petitioned-for unit share an internal community of interest and that the additional employees the Employer sought to add have meaningfully distinct interests in the context of collective bargaining that outweigh similarities with the unit members.  The Board therefore held that the petitioned-for unit is an appropriate unit and remanded the case to the Regional Director for further appropriate action.  

Petitioner—International Brotherhood of Electrical Workers Local Union 21.  Chairman McFerran and Members Ring and Prouty participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

 

R Cases

Maple-Drake Real Estate LLC, d/b/a Notting Hill of West Bloomfield  (07-RD-282049)  West Bloomfield, MI, June 7, 2022.  The Board denied the Employer’s Request for Review of the Regional Director’s Decision on Challenged Ballot.  Chairman McFerran and Members Ring and Prouty participated.  Union—SEIU Healthcare Michigan.

OS-DB-JV-2 LLC  (12-RC-294302)  Toa Baja, PR, June 7, 2022. The Board denied the Employer’s Request for Extraordinary Relief.  Petitioner—Sindicato Puertorriqueno de Trabajadores y Trabajadoras, Local 1996, Service Employees International Union.  Chairman McFerran and Members Ring and Prouty participated.

Stephens Media Group – Massena, LLC  (03-RD-288556)  Massena, NY, June 8, 2022.  The Board denied the Employer’s and Petitioner’s Requests for Review of the Regional Director’s Order granting  Union’s Request to Block as they raised no substantial issues warranting review.  The Regional Director had granted the Union’s request to block the mail ballot election (permitting the election to go forward but impounding the ballots) based on the Union filing of an unfair labor practice charge.  Petitioner—an individual.  Union—NABET CWA Local 51024.  Chairman McFerran and Members Ring and Prouty participated.

C Cases

UFI/Supervalu Warehouse  (12-CA-285396 and 12-CA-290941)  Quincy, FL, June 6, 2022.  The Board denied the Employer’s Petition to Revoke an investigative subpoena duces tecum, as the subpoena sought information relevant to the matter under investigation and described with sufficient particularity the evidence sought, and the Employer failed to establish any other legal basis for revoking the subpoena.  The Board evaluated the subpoena in light of the Region’s statement that it does not oppose the redaction of information that is commonly regarded as personal and confidential.  Charges filed by an individual.  Members Ring, Wilcox, and Prouty participated.

Riverside Nursing and Rehabilitation Center  (22-CA-269463, et al.)  Trenton, NJ, June 6, 2022.  No exceptions having been filed to the April 22, 2022 decision of Administrative Law Judge Kenneth W. Chu’s finding that the Respondent had engaged in certain unfair labor practices, the Board adopted the judge’s findings and conclusions, and ordered the Respondent to take the action set forth in the judge’s recommended Order.  Charges filed by 1199 SEIU United Healthcare Workers East.

International Brotherhood of Electrical Workers, Local Union #611  (28-CA-273757)  Albuquerque, NM, June 6, 2022.  The Board granted the General Counsel’s Request for Special Permission to Appeal the Administrative Law Judge’s ruling accepting the parties’ non-Board settlement, approving the Charging Party’s request to withdraw the charge, and dismissing the amended Complaint.  The Board denied the appeal on the merits.  The Board found that, on balance, the settlement satisfies the standards set forth in Independent Stave Co., 287 NLRB 740, 743 (1987).  Therefore, the judge did not err in approving the settlement, and the Board affirmed his rulings.  Charge filed by an individual.  Members Ring, Wilcox, and Prouty participated.

Atlantic Veal & Lamb, LLC and Ohio Farms Packing Co., Ltd., as a Single Employer and/or Alter Egos  (29-CA-290971)  Brooklyn, NY, June 7, 2022.  The Board denied Atlantic Veal & Lamb, LLC’s and Ohio Farms Packing Co., Ltd.’s Petitions to Revoke Subpoenas Duces Tecum.  The Board found that the subpoenas sought information relevant to the matter under investigation and described with sufficient particularity the evidence sought, and the Petitioners failed to establish any other legal basis for revoking the subpoenas.  Charge filed by United Food and Commercial Workers Local 342.  Members Ring, Wilcox, and Prouty participated.

United States Postal Service  (12-CA-288502 and 12-CA-288509)  Fort Myers, FL, June 7, 2022.  In these cases alleging Section 8(a)(5) and (1) violations, the Board approved a formal settlement stipulation between the Respondent and the General Counsel and specified actions the Respondent must take to comply with the Act.  In concluding that approval of the stipulation would effectuate the purposes and policies of the Act, the Board considered that the stipulation fully remedies all the substantive complaint allegations and provides for the entry of Board and court orders.  Charges filed by American Postal Workers Union, Local 1279, AFL-CIO.  Members Ring, Wilcox, and Prouty participated.

VTCU Corp.  (27-CA-276823)  Pocatello, ID, June 8, 2022.  In this case alleging Section 8(a)(3) and (1) violations, the Board approved an amended 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 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, AFL-CIO, Local 648.  Members Kaplan, Wilcox, and Prouty participated.

United States Postal Service  (07-CA-288454)  Lansing, MI, June 9, 2022.  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 General Counsel, and specified actions the Respondent must take to comply with the Act.  Charge filed by Central Michigan Area Local 300, American Postal Workers Union (APWU), AFL-CIO.  Members Ring, Wilcox, and Prouty participated.

Midwest Division – RMC, LLC, d/b/a Research Medical Center  (14-CA-287441, et al.)  Kansas City, MO, June 9, 2022.  The Board granted the Employer’s Request for Special Permission to Appeal the Administrative Law Judge’s order denying the Employer’s Motion to Sever the cases, but denied the appeal on the merits.  The Board found that the Employer failed to establish that the judge abused his discretion in denying the Motion to Sever the cases.  Charges filed by NNOC-Missouri & Kansas/NNU, AFL-CIO and Service Employees International Union HC II, Missouri/Kansas Division.  Members Ring, Wilcox, 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

United States Postal Service  (12-CA-271025; JD-32-22)  Tallahassee, FL.  Administrative Law Judge Ira Sandron issued his decision on June 7, 2022.  Charge filed by an individual.

Home Depot USA, Inc.  (18-CA-273796; JD-34-22)  New Brighton, MN.  Administrative Law Judge Paul Bogas issued his decision on June 10, 2022.  Charge filed by an individual.

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