Summary of NLRB Decisions for Week of March 23 - 27, 2026

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

Oakrheem, Inc., d/b/a Hayward Convalescent Hospital  (32–CA–294577; 374 NLRB No. 65) Hayward, CA, March 23, 2006.

In an earlier decision, the Board granted the General Counsel’s Motion for Summary judgment in a test-of-certification case and severed for further consideration the issue of whether the Board should overrule Ex-Cell-O Corp., 185 NLRB 107 (1970) and adopt a remedy that would require employers to compensate employees “for the lost opportunity to engage in collective bargaining at the time and in the manner contemplated by the Act.” After further consideration, the Board declined to depart from its longstanding remedial practice.

Charge filed by Service Employees International Union, Local 2015.  Members Prouty, Murphy, and Mayer participated.

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Siren Retail Corporation d/b/a Starbucks (19–CA–299478; 374 NLRB No. 66) Seattle, WA, March 23, 2026.

In an earlier decision, the Board granted the General Counsel’s Motion for Summary judgment in a test-of-certification case and severed for further consideration the issue of whether the Board should overrule Ex-Cell-O Corp., 185 NLRB 107 (1970) and adopt a remedy that would require employers to compensate employees “for the lost opportunity to engage in collective bargaining at the time and in the manner contemplated by the Act.” After further consideration, the Board declined to depart from its longstanding remedial practice.

Charge filed by Workers United, a/w Service Employees International Union.  Members Prouty, Murphy, and Mayer participated. 

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VTCU Corp. (27-CA-320744; 374 NLRB No. 64) Pocatello, ID, March 23, 2026.

In an earlier decision, the Board granted the General Counsel’s Motion for Summary judgment in a test-of-certification case and severed for further consideration the issue of whether the Board should overrule Ex-Cell-O Corp., 185 NLRB 107 (1970) and adopt a remedy that would require employers to compensate employees “for the lost opportunity to engage in collective bargaining at the time and in the.-- manner contemplated by the Act.” After further consideration, the Board declined to depart from its longstanding remedial practice.

Charge filed by International Union of Operating Engineers, Local 302.  Members Prouty, Murphy, and Mayer participated.

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United Scrap Metal PA, LLC  (04-CA-315904; 374 NLRB No. 69)  Philadelphia, PA, March 23, 2026.

In an earlier decision, the Board granted the General Counsel’s Motion for Summary judgment in a test-of-certification case and severed for further consideration the issue of whether the Board should overrule Ex-Cell-O Corp., 185 NLRB 107 (1970) and adopt a remedy that would require employers to compensate employees “for the lost opportunity to engage in collective bargaining at the time and in the manner contemplated by the Act.” After further consideration, the Board declined to depart from its longstanding remedial practice.

Charge filed by Laborers’ International Union of North America, Local 57.  Members Prouty, Murphy, and Mayer participated.

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Nexstar Media, Inc. (Denver Hub)  (27-CA-342707; 374 NLRB No. 68)  Denver, CO, March 23, 2026.

In an earlier decision, the Board granted the General Counsel’s Motion for Summary judgment in a test-of-certification case and severed for further consideration the issue of whether the Board should overrule Ex-Cell-O Corp., 185 NLRB 107 (1970) and adopt a remedy that would require employers to compensate employees “for the lost opportunity to engage in collective bargaining at the time and in the manner contemplated by the Act.” After further consideration, the Board declined to depart from its longstanding remedial practice.

Charge filed by National Association of Broadcast Employees & Technicians—Communications Workers of America, AFL–CIO.  Members Prouty, Murphy, and Mayer participated.

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ArrMaz Products Inc. (12-CA-294086; 374 NLRB No. 70)  Mulberry, FL, March 23, 2026. 

In an earlier decision, the Board granted the General Counsel’s Motion for Summary judgment in a test-of-certification case and severed for further consideration the issue of whether the Board should overrule Ex-Cell-O Corp., 185 NLRB 107 (1970) and adopt a remedy that would require employers to compensate employees “for the lost opportunity to engage in collective bargaining at the time and in the manner contemplated by the Act.” After further consideration, the Board declined to depart from its longstanding remedial practice.

Charge filed by International Chemical Workers Union Council of The United Food and Commercial Workers International Union, AFL-CIO, CLC.  Members Prouty, Murphy, and Mayer participated.

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Universal Protection Services, LLC d/b/a Allied Universal Security Services  (12-CA-305972; 374 NLRB No. 67)  Homestead, FL, March 23, 2026.

In an earlier decision, the Board granted the General Counsel’s Motion for Summary judgment in a test-of-certification case and severed for further consideration the issue of whether the Board should overrule Ex-Cell-O Corp., 185 NLRB 107 (1970) and adopt a remedy that would require employers to compensate employees “for the lost opportunity to engage in collective bargaining at the time and in the manner contemplated by the Act.” After further consideration, the Board declined to depart from its longstanding remedial practice.

Charge filed by International Union, Security, Police and Fire Professionals of America.  Members Prouty, Murphy, and Mayer participated.

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Atlantic Veal and Lamb, LLC  (29-CA-272677; 374 NLRB No. 71)  Brooklyn, NY, March 25, 2026. 

This case was before the Board on a Motion for Modification by the General Counsel.  The General Counsel sought to have the Board modify its decision in Atlantic Veal and Lamb, LLC, 373 NLRB No. 19 (2024), by removing the citation between the parties in another proceeding from a footnote.  A majority, consisting of Members Murphy and Mayer, denied the motion for modification, finding that the motion “effectively asks the Board to reconsider the analysis set forth in the decision.”  Member Prouty would have granted the motion as he finds that the Board’s earlier finding is amply supported without the citation to the stipulation and, therefore, the citation’s removal would not affect any of the substantive findings.

Motion for Modification filed by the General Counsel.  Members Prouty, Murphy, and Mayer participated.

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St. John’s College  (28-RM-337949; 374 NLRB No. 72)  Santa Fe, NM, March 25, 2026. 

The Board granted the Employer’s Request for Review of the Regional Director’s decision dismissing its RM petition because it raised substantial issues warranting review. The Regional Director dismissed the RM petition as untimely under Cemex Construction Materials Pacific, LLC, 372 NLRB No. 130 (2023), because it was not filed within two weeks of the Union’s demand for recognition. The Board reversed the Regional Director because Cemex’s timeliness requirements pertain only to when the filing of an RM petition may shield an employer from potential unfair labor practice liability under the Cemex framework. The Board clarified that Cemex should not be construed to require the dismissal of an otherwise properly filed RM petition solely because it was not filed “promptly” within the meaning of Cemex. 

Petitioner–Communications Workers of America, AFL-CIO.  Members Prouty, Murphy, and Mayer participated. 

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Oak Hollow of Georgetown Rehabilitation Center, LLC  (10-CA-337224; 374 NLRB No. 76)  Georgetown, SC, March 25, 2026.

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 Sections 8(a)(3) and 8(a)(1) by failing to consider employees for hire due to their union activity and by telling employees that the Respondent did not have a Union and that it would not hire employees due to their union activities.

Charge filed by United Steel Workers (USW) Local 7898. Members Prouty, Murphy, and Mayer participated.

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Oak Hollow of Georgetown Rehabilitation Center, LLC  (10-CA-313114; 374 NLRB No. 75)  Georgetown, SC, March 25, 2026.

The Board granted the General Counsel’s Motion for Default Judgment based on the Respondent’s noncompliance with the provisions of the parties’ bilateral informal settlement agreement.   The Board found that the Respondent violated Section 8(a)(5) and (1) by refusing to bargain and refusing to furnish the Union with information. The Board ordered the Respondent to remedy the unfair labor practices alleged in the complaint. 

Charge filed by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Local 7898.  Members Prouty, Murphy, and Mayer participated.

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Paragon Systems, Inc.  (21-RD-343514; 374 NLRB No. 73)  Los Angeles, CA, March 25, 2026. 

The Board decided not to reconsider University of Chicago, 272 NLRB 873 (1984), at this time.  The Board therefore affirmed the Acting Regional Director’s denial of the party in interest’s motion to intervene and lifted the previously-granted stay of the proceeding.  Dissenting, Member Prouty stated that he would overrule University of Chicago and return to prior precedent permitting mixed guard-nonguard unions to intervene and participate in representation elections involving units of guards, given that nothing in Section 9(b)(3) of the Act compelled University of Chicago’s prohibition on such intervention.  

Petitioner—an individual.  Union—United Federation LEOS-PBA Law Enforcement Officers Security & Police Benevolent Association.  Intervenor—International Union, Security, Police and Fire Professionals of America (SPFPA).  Intervenor—California Protective Security Officers Association (CPSOA).  Party in interest—United Trades & Transportation Workers Union Local 323.  Members Prouty, Murphy, and Mayer participated.

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Jireh Plumbing, LLC  (13-CA-359511 and 13-RC-357996; 374 NLRB No. 74)  Lynwood, IL, March 25, 2026.

The Board granted the General Counsel’s Motion for Default Judgment based on the Respondent’s failure to file a timely answer in accordance with the Board’s Rules and Regulations.  The Board found that the Respondent violated Section 8(a)(3) and (1) by discriminating in regard to the hire or tenure or terms and conditions of employment of its employes, thereby discouraging membership in a labor organization.

Charge filed by Chicago Journeymen Plumbers Local 130. Members Prouty, Murphy, and Mayer participated.

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St. Anthony Community Hospital (02–CA–278511; 374 NLRB No.  77)  Warwick, NY, March 26, 2026.

A Board majority (Members Murphy and Mayer; Member Prouty, dissenting in part) reversed the Administrative Law Judge’s conclusion that the Employer violated Section 8(a)(3) and (1) by discharging an employee, the lead union organizer.  The majority found that the Employer met its Wright Line defense by showing that it would have discharged the employee, even absent her union activity, for violating HIPPA and disclosing patient information.  Dissenting in part, Member Prouty found that the Employer did violate Section 8(a)(3) and (1) by discharging the employee because the Employer failed to meet its Wright Line defense. 

The Board also adopted the judge’s conclusion that the Employer violated Section 8(a)(1) by interrogating an employee about the identity of the “ringleader” of the union organizing drive. 

Charge filed by 1199 SEIU United Healthcare Workers East. Members Prouty, Murphy, and Mayer participated.

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Nexstar Media Inc., authorized to operate Television Station WROC-TV  (03–CA–332930; 374 NLRB No. 78) Rochester, NY, March 26, 2026.

In an earlier decision, the Board granted the General Counsel’s Motion for Summary judgment in a test-of-certification case and severed for further consideration the issue of whether the Board should overrule Ex-Cell-O Corp., 185 NLRB 107 (1970) and adopt a remedy that would require employers to compensate employees “for the lost opportunity to engage in collective bargaining at the time and in the manner contemplated by the Act.” After further consideration, the Board declined to depart from its longstanding remedial practice.

Charge filed by National Association of Broadcast Employees & Technicians—Communications Workers of America, AFL–CIO.  Members Prouty, Murphy, and Mayer participated.

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BJ’s Wholesale Club, Inc.  (29-CA-317035 and 29-RC-314143; 374 NLRB No. 79)  Brooklyn, NY, March 27, 2026.

The Board adopted the Administrative Law Judge’s conclusion that the Respondent violated Section 8(a)(1) by coercively interrogating employees about their union sympathies and how the organizing campaign had started.   The Board adopted the judge’s dismissals of allegations that the Respondent violated the Act by holding captive-audience meetings and by making statements about how unionization would impact the relationship between the employer and the employees.  In the absence of exceptions, the Board adopted the judge’s recommendations to overrule the Union’s election objections, and the Board certified the results of the election.

Charge filed by United Food and Commercial Workers Union, Local No.92.  Administrative Law Judge Michael P. Silverstein issued his decision on August 15, 2024.  Chairman Murphy, and Members Prouty and Mayer participated.

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Forepeak Steel, LLC  (04-CA-340084 and 04-CA-315200; 374 NLRB No. 80)  Point Pleasant Borough, NJ, March 27, 2026.

The Board adopted the Administrative Law Judge’s conclusion that the Respondent violated Section (8)(a)(5) and (1) by laying off employees without first notifying the Union and affording it an opportunity to bargain over the decision and its effects. In the absence of exceptions, the Board adopted the judge’s finding that the Respondent violated Section 8(a)(5) and (1) by closing its business without giving the Union notice and an opportunity to bargain over the effects of that decision.

The Board modified the judge’s remedy to include the Board’s standard remedy of make-whole relief for employees laid off in April 2024 as a result of the Respondent’s unlawful failure to bargain over the decision and the effects of the decision to lay off.

Charges filed by International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers. Administrative Law Judge Michael A. Rosas issued his decision on December 9, 2024.  Chairman Murphy and Members Prouty and Mayer participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Rhode Island CVS Pharmacy, L.L.C.  (01-RC-347138) Middletown, RI, March 23, 2026.  The Board denied the Employer’s Request for Review of the Regional Director’s Decision and Direction of Election as it raised no substantial issues warranting review. Petitioner—The Pharmacy Guild a/w International Association of Machinists & Aerospace Workers, AFL-CIO. Members Prouty, Murphy, and Mayer participated.

Rhode Island CVS Pharmacy, L.L.C. (01-RC-342728)  Westerly, RI, March 23, 2026. The Board denied the Employer’s Request for Review of the Regional Director’s Decision and Direction of Election as it raised no substantial issues warranting review. Petitioner—The Pharmacy Guild a/w International Association of Machinists & Aerospace Workers, AFL-CIO. Members Prouty, Murphy, and Mayer participated.

Jones Lang LaSalle Americas, Inc.  (32-RC-352046)  Oakland, CA, March 23, 2026.  The Board denied the Employer’s Request for Review of the Regional Director’s Decision and Direction of Election as it raised no substantial issues warranting review. Petitioner—International Union of Operating Engineers, Stationary Engineers, Local 39, AFL-CIO.  Members Prouty, Murphy, and Mayer participated. 

Kraton Corporation  (08-RC-375771)  Cleveland, OH, March 23, 2026.  The Board denied the Employer’s Request for Review of the Regional Director’s Decision and Direction of Election (in which the Regional Director found the petition was not barred under Section 9(c)(3) of the Act), as it raised no substantial issues warranting review.  Petitioner—United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied & Industrial Service Workers International Union, AFL-CIO, CLC.  Members Prouty, Murphy, and Mayer participated.

Township of Robbinsville, Mercer County  (22-WH-379841)  Robbinsville Township, NJ, March 23, 2026.  Certification of representative as bona fide under Section 7(b) of the Fair Labor Standards Act of 1938. Petitioner—International Brotherhood of Teamsters, Local 35.  

WinCo Foods  (27-RD-359700)  Denver, CO, March 24, 2026.  The Board denied the Employer’s Request for Review of the Regional Director’s Order Granting Union’s Request to Block the Petition and Order Cancelling the Hearing as it raised no substantial issues warranting review.  Petitioner—an individual.  Union—International Brotherhood of Teamsters Local 222. Members Prouty, Murphy, and Mayer participated.

UPS  (02-RC-345317)  New York, NY, March 24, 2026.  The Board denied the Petitioner’s Request for Review of the Regional Director’s Decision and Order Dismissing Petition as it raised no substantial issues warranting review. Petitioner—Local 804, International Brotherhood of Teamsters.  Intervenor—District 15, International Association of Machinists and Aerospace Workers.  Members Prouty, Murphy, and Mayer participated.

Hearst Media Services Connecticut, LLC d/b/a Hearst Connecticut Media Group (01-RC-347857)  Boston, MA, March 25, 2026.  The Board denied the Employer’s Requests for Review of the Regional Director’s Decision and Direction of Election and Certification of Representative (holding that the Employer’s late-filed Statement of Position precluded it from raising evidence or argument at the preelection hearing and ordering a mail-ballot election),as they raised no substantial issues warranting review. Petitioner—The NewsGuild-CWA, Communications Workers of America, AFL-CIO.  Members Prouty, Murphy, and Mayer participated.

Clara Maass Medical Center (22-RD-352675)  Belleville, NJ, March 25, 2026. The Board denied the Petitioner’s Request for Review of the Regional Director’s Order Revoking Dismissal, Resuming Processing of Petition, and Blocking Petition as it raised no substantial issues warranting review. Petitioner—an individual. Union—1199 SEIU United Healthcare Workers East. Members Prouty, Murphy, and Mayer participated.

Trader Joe’s East  (01-RD-347289)  Hadley, MA, March 26, 2026.  The Board denied the Petitioner’s Request for Review of the Regional Director’s Decision and Order Dismissing Petition as it raised no substantial issues warranting review.  The Board also made the Petitioner a party-in-interest to the unfair-labor practice charges (upon which the Regional Director relied in dismissing the petition) solely for the purpose of receiving notification of the final outcome of those cases.  In denying review, Members Murphy and Mayer noted that they did not participate in Rieth-Riley Construction Co., 371 NLRB No. 109 (2022), expressed no view on whether it was correctly decided, and applied it for institutional reasons for the purpose of deciding this case.  Petitioner—an individual.  Union—Trader Joe’s United.  Members Prouty, Murphy, and Mayer participated.

Universal Protection Service, LLC d/b/a Allied Universal Security Services  (02-RC-333871)  Tarrytown, NY, March 26, 2026.  The Board decided not to reconsider University of Chicago, 272 NLRB 873 (1984), at this time.  The Board therefore affirmed the Acting Regional Director’s denial of the party in interest’s motion to intervene and lifted the previously-granted stay of the proceeding.  For the reasons stated in his dissent in Paragon Systems, 374 NLRB No. 73 (2026), Member Prouty would have overruled University of Chicago and returned to prior precedent permitting mixed guard-nonguard unions to intervene and participate in representation elections.  Petitioner—Federal Contract Guards of America (FCGOA).  Party in Interest—Local 32BJ, Service Employees International Union.  Members Prouty, Murphy, and Mayer participated.

Arrow Security  (02-RC-342349)  Tarrytown, NY, March 26, 2026.  The Board decided not to reconsider University of Chicago, 272 NLRB 873 (1984), at this time.  The Board therefore affirmed the Acting Regional Director’s denial of the party in interest’s motion to intervene and lifted the previously-granted stay of the proceeding.  For the reasons stated in his dissent in Paragon Systems, 374 NLRB No. 73 (2026), Member Prouty would have overruled University of Chicago and returned to prior precedent permitting mixed guard-nonguard unions to intervene and participate in representation elections.  Petitioner—Federal Contract Guards of America.  Party in Interest—Local 32BJ, Service Employees International Union.  Members Prouty, Murphy, and Mayer participated.

Alante Security Group Inc. (29-RC-335614)  Jamaica, NY, March 26, 2026.  The Board decided not to reconsider University of Chicago, 272 NLRB 873 (1984), at this time.  The Board therefore affirmed the Acting Regional Director’s denial of the party in interest’s motion to intervene and lifted the previously-granted stay of the proceeding.  For the reasons stated in his dissent in Paragon Systems, 374 NLRB No. 73 (2026), Member Prouty would have overruled University of Chicago and returned to prior precedent permitting mixed guard-nonguard unions to intervene and participate in representation elections.  Petitioner—United Federation LEOS-PBA.  Intervenor—International Union, Security, Police and Fire Professionals of America (SPFPA).  Party in Interest—Local 32BJ, Service Employees International Union.  Members Prouty, Murphy, and Mayer participated.

Town & Country Foods (19-RM-364265)  Helena, MT, March 26, 2026.  The Board denied the Employer/Petitioner’s Request for Review of the Regional Director’s Decision and Order as it raised no substantial issues warranting review.  Members Murphy and Mayer noted that in the absence of a three-member majority to revisit UGL-UNICCO Service Co., 357 NLRB 801 (2011), they had applied that case as extant precedent.  The Board also denied the Union’s conditional motion to consolidate the cases as moot.  Union—Bakery, Confectionary, Tobacco Workers & Grain Millers International Union Local 466.  Members Prouty, Murphy, and Mayer participated.

Town & Country Foods (19-RM-366341)  Bozeman, MT, March 26, 2026.  The Board denied the Employer/Petitioner’s Request for Review of the Regional Director’s Decision and Order as it raised no substantial issues warranting review.  Members Murphy and Mayer noted that in the absence of a three-member majority to revisit UGL-UNICCO Service Co., 357 NLRB 801 (2011), they had applied that case as extant precedent.  The Board also denied the Union’s conditional motion to consolidate the cases as moot.  Union—United Food and Commercial Workers Union Local 1889. Members Prouty, Murphy, and Mayer participated.

Nexstar Media Inc. d/b/a WEHT/WTVW  (25-RC-347192)  Henderson, KY, March 27, 2026.  The Board denied the Employer’s Request for Review of the Regional Director’s Decision on Objections to an Election and Certification of Representative as it raised no substantial issues warranting review.  The Board noted that no matter their supervisory status, the assignment desk editor, executive producer, and producer did not engage in objectionable conduct under Harborside Healthcare, Inc., 343 NLRB 906 (2004). (Chairman Murphy and Member Mayer noted that no party requested reconsideration of Harborside.)   Petitioner—National Association of Broadcast Employees and Technicians - Communications Workers of America, AFL-CIO.  .  Chairman Murphy and Members Prouty and Mayer participated.

ESCNC, LLC d/b/a Surgery Center of Northern California (20-RC-353543)  San Francisco, CA, March 27, 2026. The Board denied the Employer’s Request for Review of the Acting Regional Director’s Decision and Direction of Election (rejecting due-process concerns about the amended petition and directing an election in the petitioned-for unit) as it raised no substantial issues warranting review. Petitioner—Teamsters Local 150.  Chairman Murphy and Members Prouty and Mayer participated.

C Cases

Starbucks Corporation  (13-CA-305908, et al.)  Chicago, IL, March 25, 2026.  The Board granted the Respondent’s Request for Special Permission to Appeal the Administrative Law Judge’s ruling denying the Respondent’s motion requesting that the hearing be in person. The Board found that the judge abused his discretion in denying the Respondent’s motion.  As the date for the hearing had passed, the Board lifted the stay it had previously imposed and remanded the matter to the Regional Director to set a new hearing date and arrange for an in-person hearing. Charges filed by Workers United.  Members Prouty, Murphy, and Mayer participated.

Jireh Plumbing, LLC  (13-CA-359511)  Lynwood, IL,  March 27, 2026.  The Board denied the Respondent’s Motion to Dismiss as moot after granting the General Counsel’s Motion for Default Judgment in the same case.  Charge filed by Chicago Journeymen Plumbers Local 130. Chairman Murphy and Members Prouty and Mayer 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

Starbucks Corporation  (13-CA-322871 and 13-CA-327142; JD-18-26)  Chicago, IL.  Administrative Law Judge Keltner W. Locke issued his decision on March 25, 2026.  Charges filed by Chicago and Midwest Regional Joint Board, Workers United/SEIU.

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