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Cases and Decisions

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Summary of NLRB Decisions for Week of March 30 - April 3, 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

Blue Tarp reDevelopment, LLC d/b/a MGM Springfield  (01-CA-356311; 374 NLRB No. 84) Springfield, MA , April 1, 2026.

The Board granted the General Counsel’s Motion for Summary Judgment in this test-of-certification case on the ground that the Respondent failed to raise any issues that were not, or could not have been, litigated in the underlying representation proceeding in which the Union was certified as the bargaining representative.  The Board found that the Respondent violated Section 8(a)(5) and (1) by failing and refusing to recognize and bargain with the Union.

Charge filed by New England Joint Board, UNITE HERE. Chairman Murphy and Members Prouty and Mayer participated.

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Peco Foods, Inc.  (15-RC-343034; 374 NLRB No. 81)  West Point, MS, April 1, 2026. 

The Board denied the Employer’s Requests for Review of the Regional Director’s Decision and Direction of Election and Supplemental Decision and Direction of Election as they raised no substantial issues warranting review. In denying review, the Board rejected the Employer’s argument that the Regional Director abused her discretion by directing an off-site election under the circumstances presented.

Petitioner—United Food & Commercial Workers Union, Local 1529 AFL-CIO, CLC, Cordova, Tennessee.  Chairman Murphy and Members Prouty and Mayer participated. 

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Amazon.com Services, LLC  (29-CA-310869; 374 NLRB No. 82)  Staten Island, NY, April 1, 2026.

The Board granted the General Counsel’s Motion for Summary Judgment in this test-of-certification case on the ground that the Respondent failed to raise any issues that were not, or could not have been, litigated in the underlying representation proceeding in which the Union was certified as the bargaining representative.  The Board found that the Respondent violated Section 8(a)(5) and (1) by failing and refusing to recognize and bargain with the Union.

Charge filed by Amazon Labor Union.   Chairman Murphy, and Members Prouty and Mayer participated.

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Curaleaf Massachusetts, Inc.  (01-CA-349176; 374 NLRB No. 83) Oxford, MA, April 1, 2026.

The Board granted the General Counsel’s Motion for Summary Judgment in this test-of-certification case on the ground that the Respondent failed to raise any issues that were not, or could not have been, litigated in the underlying representation proceeding in which the Union was certified as the bargaining representative.  The Board found that the Respondent violated Section 8(a)(5) and (1) by failing and refusing to recognize and bargain with the Union.

Charge filed by United Food and Commercial Workers Union, Local 1445.  Chairman Murphy and Members Prouty and Mayer participated.

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UPS Supply Chain Solutions, Inc.  (32-CA-309933; 374 NLRB No.61)  Tracy, CA, April 1, 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 Brotherhood of Teamsters, Local 439. Chairman Murphy and Members Prouty and Mayer participated.

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Nexstar Media Group, Inc. for their Station, KDVR-TV/KWGN-TV  (27-CA-342708; 374 NLRB No. 85)  Denver, CO, April 2, 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 American, AFL-CIO.  Chairman Murphy and Members Prouty and Mayer participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

AT&T Mobility Services LLC  (16-RD-346672) Houston, TX, March 31, 2026.  The Board denied the Petitioner’s Request for Review of the Regional Director’s Order Denying Motion to Reinstate Decertification Petition and the Union’s Request for Review, finding they raised no substantial issues warranting review.  Having denied the Petitioner’s Request for Review, the Board dismissed the Petitioner’s request to consolidate the case with other cases involving the same Employer and Union as moot. Petitioner—an Individual. Union—Communications Workers of America. Chairman Murphy and Members Prouty and Mayer participated.

AT&T Mobility Services LLC  (15-RD-348781)  Ridgeland, MS, March 31, 2026.  The Board denied the Petitioner’s Request for Review of the Regional Director’s Order Denying Motion to Reinstate Decertification Petition and the Union’s Request for Review, finding they raised no substantial issues warranting review.  Having denied the Petitioner’s Request for Review, the Board dismissed the Petitioner’s request to consolidate the case with other cases involving the same Employer and Union as moot.  Petitioner—an Individual.  Union—Communications Workers of America.  Chairman Murphy and Members Prouty and Mayer participated.

AT&T Mobility Services LLC  (31-RD-347058)  Torrance, CA, March 31, 2026.  The Board denied the Petitioner’s Request for Review of the Regional Director’s Order Denying Motion to Reinstate Decertification Petition and the Union’s Request for Review, finding they raised no substantial issues warranting review.  Having denied the Petitioner’s Request for Review, the Board dismissed as moot the Union’s request for extraordinary relief and the Petitioner’s request to consolidate the case with other cases involving the same Employer and Union.  Petitioner—an individual.  Union—Communications Workers of America.  Chairman Murphy and Members Prouty and Mayer participated.

AT&T Mobility Services LLC  (15-RD-349197)  Metairie, LA, March 31, 2026.  The Board denied the Petitioner’s Request for Review of the Regional Director’s Order Denying Motion to Reinstate Decertification Petition and the Union’s Request for Review, finding they raised no substantial issues warranting review.  Having denied the Petitioner’s Request for Review, the Board dismissed the Petitioner’s request to consolidate the case with other cases involving the same Employer and Union as moot.  Petitioner—an individual.  Union—Communications Workers of America.  Chairman Murphy and Members Prouty and Mayer participated.

First Ascent, LLC  (13-RC-360750)  Chicago, IL, March 31, 2026.  The Board denied the Employer’s Request for Review of the Regional Director’s Decision on Certain Challenged Ballots, Order Directing Hearing and Notice of Hearing on Determinative Challenged Ballots is denied as it raised no substantial issues warranting review. The Board found that the Request for Review neither complied with the Board’s rules nor established that the employee was eligible to vote.  Petitioner—Chicago & Midwest Regional Joint Board, Workers United/SEIU.  Chairman Murphy and Members Prouty and Mayer 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

International Alliance of Theatrical State Employees and Moving Picture Technicians, Artists and Allied Crafts of the United States and Canada, AFL-CIO (IATSE), Local 5  (09-CB-318209; JD–19–26)  Cincinnati, OH.  Administrative Law Judge Sarah Karpinen issued her decision on April 2, 2026.  Charge filed by an individual.    

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