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Cases and Decisions

Cases & Decisions

Summary of NLRB Decisions for Week of March 7 - 11, 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

Smyrna Ready Mix Concrete, LLC  (09-CA-251578, et al.; 371 NLRB No. 73)  Winchester, KY, March 8, 2022.

The Board adopted the Administrative Law Judge’s conclusions that the Respondent violated Section 8(a)(3) and (1) by discharging a driver because of his involvement in a union meeting and by downgrading the facility and discharging the drivers because of union activity. The Board also adopted the judge’s conclusions that the Respondent violated Section 8(a)(1) by soliciting employee grievances; distributing cash bonuses to employees to discourage union support; and  discharging a statutory supervisor because of his refusal to commit an unfair labor practice.

Finally, the Board adopted the judge’s conclusion that the Respondent violated Section 8(a)(1) by proffering a separation agreement to the drivers of the down-graded facility because it occurred in the context of unlawful discharges and contained restrictive provisions that included limitations on the right to seek redress under the Act.

Charges filed by General Drivers, Warehousemen and Helpers, Local Union No. 89, a/w the International Brotherhood of Teamsters.  Administrative Law Judge Arthur J. Amchan issued his decision on September 1, 2020.  Chairman McFerran and Members Ring and Wilcox participated.

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NBC Universal Media, LLC  (02-UC-000323, et al.; 371 NLRB No. 72)  Manhattan, NY, March 8, 2022.

The Board (Chairman McFerran and Member Prouty; Member Ring, dissenting) denied the Employer’s Request for Review of the Regional Director’s Second Supplemental Decision as it raised no substantial issues warranting review.  The Board found that the Regional Director properly clarified a nationwide unit consisting of the Employer’s technical employees to include the newly-created position of Content Producer, which performed duties historically performed by unit employees. Dissenting, Member Ring would grant review as the Employer’s Request for Review raises substantial issues warranting review.

Petitioners—National Association of Broadcast Employees & Technicians-Communication Workers of America, AFL-CIO, Local 11; National Association of Broadcast Employees & Technicians-Communication Workers of America, AFL-CIO, Local 41; National Association of Broadcast Employees & Technicians-Communication Workers of America, AFL-CIO, Local 53.  Chairman McFerran and Members Ring and Prouty participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Starbucks Corporation  (03-RC-285929, et al.)  Cheektowaga, NY, March 7, 2022.  The Board denied the Employer’s Request for Review of the Acting Regional Director’s Decision and Direction of Elections as it raised no substantial issues warranting review.  Petitioner—Workers United.  Chairman McFerran and Members Kaplan and Wilcox participated.

Blue School  (02-RC-278139)  New York, NY, March 8, 2022.  The Board denied the Employer’s Request for Review of the Regional Director’s Report on Determinative Challenged Ballots and Order Directing Opening and Counting of Challenged Ballots as it raised no substantial issues warranting review.  Members Kaplan and Ring noted that they would be open to reconsidering, in a future appropriate case, the eligibility standard for mail-ballot elections specified in Dredge Operators, Inc., 306 NLRB 924 (1992).  Petitioner—Local 2110, Technical, Office & Professional Union, UAW, AFL-CIO.  Chairman McFerran and Members Kaplan and Ring participated.

Innovative Transport & Logistics Solutions, LLC, d/b/a Escambia County Community Transportation, & Ride ITL, LLC, Separately or as a Single Employer or Joint Employers  (15-UC-281061)  Pensacola, FL, March 8, 2022.  The Board granted the Petitioner’s Request for Review of the Regional Director’s dismissal of the unit-clarification petition as it raised substantial issues warranting review.  The Board found that the Regional Director departed from Board precedent when she dismissed the petition based on fact that the disputed positions existed prior to the parties’ execution of their collective-bargaining agreement but were not included in the unit.  The Board reinstated the petition and remanded the case to the Regional Director for further appropriate action.  Petitioner—Amalgamated Transit Union Local 1395.  Chairman McFerran and Members Kaplan and Ring participated.

Paragon Systems  (21-UD-279539)  Covina, CA, March 11, 2022.  The Board denied the Union’s Request for Review of the Regional Director’s Decision to Adopt the Hearing Officer’s Recommendations as it raised no substantial issues warranting review.  Petitioner—an individual. Union—Law Enforcement Officers Security Unions LEOSU-CA, LEOS-PBA.  Chairman McFerran and Members Kaplan and Wilcox participated.

C Cases

Full-Fill Industries, LLC  (25-CA-249830, et al.)  Henning, IL, March 8, 2022.  No exceptions having been filed to the January 24, 2022 decision of Administrative Law Judge Arthur J. Amchan’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.  Charges filed by International Brotherhood of Electrical Workers, Local Union 538.

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Appellate Court Decisions

No Appellate Court Decisions involving Board Decisions to report.

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Administrative Law Judge Decisions

Rev-A-Shelf Company, LLC  (09-CA-270793; JD-14-22)  Louisville, KY.  Administrative Law Judge Keltner W. Locke issued his decision on March 9, 2022.  Charge filed by General Drivers, Warehousemen and Helpers, Local Union No. 89, a/w the International Brotherhood of Teamsters.

Ohio River Valley Environmental Coalition, Inc.  (09-CA-274743, et al.; JD-15-22)  Huntington, WV.  Administrative Law Judge Paul Bogas issued his decision on March 11, 2022.  Charges filed by individuals and Industrial Workers of the World.

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