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Cases and Decisions

Cases & Decisions

Summary of NLRB Decisions for Week of March 28 - April 1, 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

Haven Salon Spa, Inc.  (18-CA-266091 and 18-CA-267818; 371 NLRB No. 84)  Muskego, WI, March 28, 2022.

The Board granted the General Counsel’s Motion for Default Judgment based on the Respondent’s failure to file a timely answer to the compliance specification, and found that the net backpay due was as stated in the compliance specification.  The Board ordered the Respondent to pay the amounts specified, plus interest accrued to the date of payment.  

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

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Southwest Regional Council of Carpenters  (31-CD-284678 371 NLRB No. 87)  Los Angeles, CA, March 28, 2022.

In this Section 10(k) jurisdictional dispute proceeding, the Board found reasonable cause to believe that Section 8(b)(4)(D) has been violated.  The Board awarded the disputed work to employees represented by Southwest Regional Council of Carpenters, based on the factors of collective-bargaining agreements; employer preference, current assignment, and past practice; industry and area practice; and relative skills.

Charge filed by Performance Contracting, Inc.  Members Kaplan, Wilcox, and Prouty participated.

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Qawasmi Trading Inc. d/b/a Green Way Glass & Mirror & Woodworking d/b/a Temp Tech Glass and Green Way Glass & Mirror & Woodworking and Temp-Tech Industries, Inc.  (13-CA-226275 and 13-CA-228751; 371 NLRB No. 85)  Bridgeview, IL, March 28, 3022.

The Board granted the General Counsel’s Motion for Default Judgment based on the Respondents’ failure to file an answer to the supplemental compliance specification or to the General Counsel’s Motion for Default Judgment.  Accordingly, the Board ordered the Respondents to make the pension fund payments owed under the supplemental compliance specification.

Charges filed by Glaziers Architectural Metal Workers Local 27.  Chairman McFerran and Members Kaplan and Ring participated.

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Lagos General Contractors, Inc.  (13-CA-284126; 371 NLRB No. 88)  Chicago, IL, April 1, 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 and the amended complaint.  The Board found that the Respondent violated Section 8(a)(1) by interfering with the Union’s lawful area standards picketing, including by causing bodily injury to a union representative’s hand and causing damage to a union picket sign.

Charge filed by Laborers Local 1.  Members Ring, Wilcox, and Prouty participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Centerline Logistics Corporation, Leo Marine Services, Inc. and Olympic Tug & Barge, Inc., a Single Employer  (21-RC-274874, 32-RC-275310 and 21-RC-275324)  Los Angeles, CA, Alameda, CA, and Long Beach, CA, March 28, 2022.  The Board denied Petitioner’s Request to Stay the Mailing of Ballots in two of the elections.  Petitioners—International Organization of Masters, Mates and Pilots, ILA, AFL-CIO, and Inland Boatmen’s Union.  Intervenor—Seafarers International Union.  Chairman McFerran and Members Kaplan and Wilcox participated.

Siren Retail Corp., d/b/a Starbucks  (19-RC-290608)  Seattle, WA, April 1, 2022.  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.  Member Kaplan noted that he would grant the motion and remand to the Regional Director to further explain his findings that a mail-ballot election was warranted.  Petitioner—Workers United a/w Service Employees International Union.  Chairman McFerran and Member Kaplan and Wilcox participated.

C Cases

Golden Electric, LLC  (18-CA-277039)  Plymouth, MI, March 28, 2022.  No exceptions having been filed to the February 10, 2022 decision of Administrative Law Judge Geoffrey Carter’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.  Charge filed by International Brotherhood of Electrical Workers, Local 292.

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Appellate Court Decisions

No Appellate Court Decisions involving Board Decisions to report.

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Administrative Law Judge Decisions

Troy Grove, a Division of RiverStone Group, Inc., Vermillion Quarry, a Division of RiverStone Group, Inc.  (25-CA-276061 and 25-CA-280390; JD-17-22)  Utica, IL.  Administrative Law Judge Michael A. Rosas issued his decision on March 29, 2022.  Charges filed by International Union Operating Engineers, Local 150, AFL-CIO.

American Medical Response Ambulance Service, Inc. (19-CA-276090; JD(SF)-05-22)  Tukwila, WA.  Administrative Law Judge Gerald M. Etchingham issued his decision on March 30, 2022.  Charge filed by Teamsters Local Union 763 a/w the International Brotherhood of Teamsters.

Volvo Group North America, LLC  (32-CA-276320; JD(SF)-07-22)  Reno, NV.  Administrative Law Judge Gerald M. Etchingham issued his decision on March 31, 2022.  Charge filed by International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW.

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