Skip to main content

Breadcrumb

  1. Home
  2. Cases & Decisions

Cases and Decisions

Cases & Decisions

Summary of NLRB Decisions for Week of March 14 - 18, 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

Security Walls, LLC  (15-CA-224596 and 15-CA-255865; 371 NLRB No. 74)  New Orleans, LA, March 14, 2022.

The Board adopted the Administrative Law Judge’s conclusions that the Respondent violated Section 8(a)(1) by threatening an employee with suspension, issuing him a verbal warning, and discharging him, because he engaged in protected concerted activity and in order to discourage that activity.  In addition, the Board found that the Respondent violated Section 8(a)(1) by restricting the employee to a stationary post, suspending him, and threatening to initiate a criminal investigation because he provided evidence to the Board.

Charges filed by an individual.  Administrative Law Judge Arthur J. Amchan issued his decision on July 7, 2021.  Members Kaplan, Wilcox, and Prouty participated.

***

Moon Nurseries, Inc., a/k/a Sunset Hills Memorial Estates, Debtor-in-Possession  (14-CA-278132; 371 NLRB No. 75)  Glen Carbon, IL, March 15, 2022.

The Board granted the General Counsel’s Motion for Default Judgment based on the Respondent’s failure to file an answer to the consolidated complaint and compliance specification.  The Board found that the Respondent, a successor employer, violated Section 8(a)(5) and (1) by failing to continue in effect all the terms and conditions of the collective-bargaining agreement by failing to establish and maintain a 401(k) plan providing for the Respondent to match employee contributions; unilaterally ceasing to make matching 401(k) contributions; unilaterally withholding employee 401(k) contributions and failing to remit those contributions to a 401(k) plan; and unilaterally ceasing employees’ dental insurance.  In addition, the Board found that the Respondent violated Section 8(a)(5) and (1) by failing to furnish the Union with requested relevant and necessary information.

Charge filed by Chauffeurs, Teamsters, Warehousemen and Helpers Local Union No. 525, a/w International Brotherhood of Teamsters, AFL-CIO.  Chairman McFerran and Members Kaplan and Ring participated.

***

NAA Worldwide  (31-CA-269399; 371 NLRB No. 77)  Woodland Hills, CA, March 15, 2022.

The Board granted the General Counsel’s Motion for Default Judgment based on the Respondent’s failure to file an answer to the complaint.  The Board found that the Respondent violated Section 8(a)(1) by promulgating and maintaining a rule prohibiting employees from discussing salary or hourly wages with anyone other than the Respondent’s chief executive officer, and by discharging an employee because she engaged in protected concerted activities, including violating the above unlawful rule, and to discourage employees from engaging in such activities.

Charge filed by an individual.  Chairman McFerran and Members Kaplan and Wilcox participated.

***

Gavilon Grain, LLC  (25-CA-264907 and 25-CA-265798; 371 NLRB No. 79)  Maceo, KY, March 15, 2022.

The Board adopted the Administrative Law Judge’s conclusions that the Respondent violated Section 8(a)(3) and (1) by unlawfully decreasing employees’ benefits, imposing more onerous and rigorous terms and conditions of employment, and discharging an employee in retaliation for union activity.  Noting separately, Members Wilcox and Prouty would reconsider the Board’s analysis of Section 8(a)(3) discharges in Tschiggfrie Properties,Ltd., 368 NLRB No. 120 (2019), in a future appropriate case.  The Board also added an additional notice-reading remedy.  In a footnote, Member Prouty stated that he would support further expanding Board remedies in future cases.

Charges filed by Laborers’ International Union of North America, Local 1392.  Administrative Law Judge Geoffrey Carter issued his decision on May 12, 2021.  Members Kaplan, Wilcox, and Prouty participated.

***

Bardon, Inc., d/b/a Aggregate Industries  (05-CA-248026; 371 NLRB No. 78)  Millville, WV, March 17, 2022.

The Board unanimously adopted the Administrative Law Judge’s conclusions that the Respondent violated Section 8(a)(1) by creating the impression that employees’ union activities were under surveillance and coercively interrogating employees about their union sympathies and how they intended to vote in the upcoming representation election.

A Board majority (Chairman McFerran and Member Ring; Member Kaplan, dissenting) also adopted the judge’s conclusion that the Respondent violated Section 8(a)(1) by threatening employees with unspecified reprisals if they selected the Union as their bargaining representative.  Dissenting, Member Kaplan found the statements too vague to constitute a violation. The same Board majority also adopted the judge’s conclusion that the Respondent violated Section 8(a)(1) by exceeding the legitimate scope of inquiry permitted employers under Johnnie’s Poultry when it questioned an employee in preparation for the unfair labor practice hearing.  Chairman McFerran additionally found the questioning constituted an unlawfully coercive interrogation, and Member Kaplan concurred in finding the questioning an unlawful interrogation.

Further, the Board unanimously adopted the judge’s conclusion that the Respondent violated Section 8(a)(3) and (1) by discharging three employees, the day after the Union prevailed in the representation election, purportedly for violating a safety rule that had not previously been enforced at the facility.  The Board found that animus demonstrated by the Respondent’s supervisor’s unlawful statements was properly imputed to the members of the corporate safety review team, who made the decision to discharge the employees. 

Charge filed by International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, AFL-CIO,CLC.  Administrative Law Judge Paul Bogas issued his decision on July 2, 2021.  Chairman McFerran and Members Kaplan and Ring participated in the decision.

***

Power Clean Enterprises, Inc.  (20-CA-282279; 371 NLRB No. 76)  San Francisco, CA, March 18, 2022.

The Board granted the General Counsel’s Motion for Default Judgment based on the  Respondent’s failure to file an answer to the complaint.  The Board found that the Respondent violated Section 8(a)(5) and (1) by refusing to bargain collectively and in good faith with the Union by refusing to furnish it with requested information that is necessary for and relevant to the Union’s performance of its functions as the collective-bargaining representative of the Respondent’s unit employees.

Charge filed by Service Employees International Union, United Service Workers West.  Chairman McFerran and Members Kaplan and Ring participated.

***

AT&T Services, Inc.  (07-CA-228413; 371 NLRB No. 82)  Southfield, MI, March 18, 2022.

The Board (Members Wilcox and Prouty; Member Kaplan, dissenting) granted the Charging Party’s Motion to Voluntarily Dismiss Her ULP Charge and Withdraw Her Briefs.  Dissenting, Member Kaplan asserted that the Board and the parties have expended considerable resources in the litigation of this case, and the parties have fully briefed the issues.  Moreover, Member Kaplan noted that the case presents a significant legal issue as to whether the Respondent unlawfully denied the Charging Party’s requests to revoke her dues-checkoff authorization after the expiration of the Respondent’s collective-bargaining agreement with the Union.  

Charge filed by an individual.  Members Kaplan, Wilcox, and Prouty participated.

***

Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Starbucks Corporation  (07-RC-289821, et al.)  Ann Arbor, MI, March 14, 2022.  The Board denied the Petitioner’s Request for Review of the Regional Director’s determination to permit the Employer to litigate the issue of the propriety of the petitioned-for single-store unit.  Petitioner—Chicago and Midwest Regional Joint Board, Workers United, SEIU.  Chairman McFerran and Members Kaplan and Wilcox participated.

Starbucks Corporation  (03-RC-289785, et al.)  Buffalo, NY, March 16, 2022.  The Board denied the Employer’s Request for Review of the Regional Director’s Orders Granting Motion to Preclude and Denying Motion to Bar Evidence as it raised no substantial issues warranting review.  Petitioner—Workers United.  Chairman McFerran and Members Kaplan and Wilcox participated.

President and Trustees of Bates College  (01-RC-284384)  Lewiston, ME, March 18, 2022.  The Board (Members Kaplan and Ring; Chairman McFerran, dissenting) granted in part the Employer’s Request for Review of the Regional Director’s Decision and Direction of Election as it raised substantial questions warranting review with respect to (1) whether the long-standing principle that a petitioned-for wall-to-wall unit is presumptively appropriate should be applied to units in higher education that include both faculty and staff; and (2) whether the petitioned-for unit is appropriately considered a wall-to-wall unit.  Petitioner—Maine Service Employees Association, SEIU Local 1989.  Chairman McFerran and Members Kaplan and Ring participated.

C Cases

Pizza Piazza, Inc., d/b/a Bado’s Pizzeria & Delicatessen and d/b/a Bado’s Pizza Grill and Ale House  (06-CA-279445)  Mount Lebanon, PA, March 14, 2022.  The Board granted the General Counsel’s Request for Special Permission to Appeal the Administrative Law Judge’s order adjourning the hearing with the hope that it could resume in person.  The Board denied the General Counsel’s appeal on the merits and remanded the case to the judge with instructions: (1) Before the Agency returns to in-person operations, the judge may reschedule the hearing to be conducted entirely remotely; or (2) On or after the Agency returns to in-person operations (currently set for April 4), the judge may reschedule the hearing to be conducted in person, or partially in person, in accordance with the Board’s Rules and Regulations and forthcoming Agency health and safety protocols.  Charge filed by an individual.  Chairman McFerran and Members Kaplan and Wilcox participated.

Phillips 66 Company  (15-CA-263723)  Belle Chasse, LA, March 14, 2022.  The Board granted the General Counsel’s appeal on the merits, in part, and remanded the case to the Administrative Law Judge with instructions:  (1) Before the Agency returns to in-person operations, the judge may reschedule the hearing to be conducted entirely remotely; or (2) On or after the Agency returns to in-person operations (currently set for April 4), the judge may reschedule the hearing to be conducted in person, or partially in person, in accordance with the Board’s Rules and Regulations and forthcoming Agency health and safety protocols.  Charge filed by an individual.  Chairman McFerran and Members Kaplan and Wilcox participated.

Solution One Industries, Inc.  (09-CA-281081, et al.)  Lexington, KY, March 16, 2022.  The Board denied the Respondent’s Partial Motion to Dismiss the Second Consolidated Complaint or, in the alternative to Defer to the parties’ contractual grievance and arbitration procedure.  The Respondent failed to establish that there were no genuine issues of material fact warranting a hearing and that it was entitled to judgment as a matter of law.  The denial was without prejudice to the Respondent’s right to renew its deferral arguments to the Administrative Law Judge, after presenting evidence, and to raise the deferral issue before the Board on exceptions, if appropriate.  Charges filed by International Association of Machinists and Aerospace Workers, AFL-CIO.  Chairman McFerran and Members Kaplan and Ring participated.

***

Appellate Court Decisions

No Appellate Court Decisions involving Board Decisions to report.

***

Administrative Law Judge Decisions

Grill Concepts Services, Inc., d/b/a The Daily Grill  (31-CA-276950; JD(SF)-04-22)  Los Angeles, CA.  Administrative Law Judge Dickie Montemayor issued his decision on March 15, 2022.  Charge filed by UNITE HERE Local 11.

***

To have the NLRB’s Weekly Summary of Cases delivered to your inbox each week, please subscribe here.