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Cases and Decisions

Cases & Decisions

Summary of NLRB Decisions for Week of March 22 - 26, 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

XPO Logistics Freight, Inc.  (09-RC-262066; 370 NLRB No. 99)  Cincinnati, OH, March 23, 2021.

The Board granted the Employer’s Request for Review of the Regional Director’s Decision on Objections, Order Directing Hearing and Notice of Hearing on Challenged Ballots.  On review, the Board concluded that the Regional Director erred in finding that the Regional Office potentially disenfranchised one voter by failing to send that voter a duplicate ballot kit, and in finding that a ballot torn in half should be counted.

Petitioner—International Brotherhood of Teamsters (IBT) Local 100.  Members Kaplan, Emanuel, and Ring participated.

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Curaleaf Massachusetts, Inc.  (01-RC-259277; 370 NLRB No. 100)  Hanover, MA, March 23, 2021.

The Board denied the Employer’s Request for Review of the Acting Regional Director’s Supplemental Decision to Hearing Officer’s Report on Challenged Ballots as it raised no substantial issues warranting review.

Petitioner—United Food and Commercial Workers Union Local 328.  Chairman McFerran and Members Kaplan and Ring participated.

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Tesla, Inc.  (32-CA-197020, et al.; 370 NLRB No. 101)  Fremont, CA, March 25, 2021.

The Board unanimously concluded that the Respondent violated: (1) Section 8(a)(1) by coercively interrogating employees, promulgating a rule restricting employees’ use of a software program in response to protected activity, and threatening employees with the loss of their stock options if they selected the Union as their representative; and (2) Section 8(a)(3) and (1) by discharging an employee and issuing a warning to a different employee.  Further, the Board (Chairman McFerran and Member Ring; Member Emanuel, dissenting) concluded that the Respondent violated Section 8(a)(1) by maintaining the media-contact provision in its Confidentiality Agreement, and the Board placed rules that prohibit employees from communicating with the media regardless of whether the communications concern confidential information or the employees purport to speak on the employer’s behalf in Category 3 under The Boeing Co., 365 NLRB No. 154 (2017).  Finally, the Board (Members Emanuel and Ring; Chairman McFerran, dissenting) dismissed the allegations that the Respondent violated Section 8(a)(1) by soliciting employees’ grievances and impliedly promising to remedy them, threatening employees that selecting the Union would be futile, and stating that a majority of employees did not want a union while also questioning why employees would want to pay union dues.

Charges filed by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, AFL–CIO, and individuals.  Administrative Law Judge Amita Baman Tracy issued her decision on September 27, 2019.  Chairman McFerran and Members Emanuel and Ring participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

AAKASH, Inc., d/b/a Park Central Care and Rehabilitation Center  (32-RC-266500)  Fremont, CA, March 24, 2021.  The Board denied the Employer’s Request for Review of the Regional Director’s Decision and Direction of Election and Certification as it raised no substantial issues warranting review.  Petitioner—Service Employees International Union, Local 2015.  Chairman McFerran and Members Kaplan and Ring participated.

Rush University Medical Center  (13-RC-272731)  Chicago, IL, March 24, 2021.  The Board (Members Kaplan and Ring; Chairman McFerran, dissenting) granted the Employer’s Request to Stay Mail Ballot Election.  Petitioner—Health Care, Professional, Technical, Office, Warehouse and Mail Order Employees Union Local 743, a/w International Brotherhood of Teamsters.  Chairman McFerran and Members Kaplan and Ring participated.

Animal Legal Defense Fund  (20-RC-271637)  Cotati, CA, March 25, 2021.  The Board denied the Employer’s Emergency Motion to Stay Mail Ballot Election.  The denial was without prejudice to the Employer’s right to renew its arguments in post-election objections.  Petitioner—Nonprofit Professional Employees Union, IFPTE, Local 70.  Chairman McFerran and Members Kaplan and Ring participated.

Curran, Berger, & Kludt  (01-RC-269805)  Northampton, MA, March 25, 2021.  The Board denied the Employer’s Request for Review of the Acting Regional Director’s Decision and Direction of Election as it raised no substantial issues warranting review.  Petitioner—United Auto Workers Local 2322.  Chairman McFerran and Members Kaplan and Ring participated.

C Cases

No Unpublished C Cases Issued.

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Appellate Court Decisions

No Appellate Court Decisions involving Board Decisions to report.

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Administrative Law Judge Decisions

Union de Profesionales de la Seguridad Privada y el Transporte de Valores (MVM, Inc.)  (12-CB-263294; JD-11-21)  Ashburn, VA.  Administrative Law Judge Sharon Levinson Steckler issued her decision on March 25, 2021.  Charge filed by an individual.

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