Summary of NLRB Decisions for Week of May 13 - 17, 2024

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

Regional Ready Mix, LLC and Brand X, LLC, alter egos  (25-CA-279907, et al.; 373 NLRB No. 56)  Rochelle, IL, May 14, 2024.

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 Section 8(a)(1), (3) and (5) by, inter alia, threatening employees with discharge because they selected the Union as their collective-bargaining representative; unilaterally changing employees’ terms and conditions of employment by discontinuing their wage increases and reducing their hours because they formed, joined or assisted the Union and engaged in concerted activities; disciplining, discharging or refusing to reinstate employees upon an unconditional offer to return to work because they formed, joined or assisted the Union and engaged in concerted activities; failing to meet and bargain in good faith with the Union as the employees’ exclusive collective-bargaining representative; and failing to furnish the Union with information that is necessary for and relevant to the performance of its duties.

Charges filed by International Union of Operating Engineering, Local 150, AFL-CIO. Chairman McFerran and Members Prouty and Wilcox participated.

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Auto-Chlor System of Washington, Inc.  (19-RC-305488; 373 NLRB No. 63)  Kent, WA, May 16, 2024.

The Board granted the Employer’s Request for Review of the Regional Director’s Order Revoking Certification of Results and Dismissing the Petition and reversed the Regional Director, finding that it was inappropriate for the Regional Director to engage in a merit-determination dismissal under circumstances where a certification of results had already issued and the propriety of a remedial bargaining order would have to be litigated in the relevant unfair labor practice proceedings.

Petitioner—International Brotherhood of Electrical Workers Local 46.  Chairman McFerran and Members Prouty and Wilcox participated.

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RFO808, LLC d/b/a Island Club and Spa  (20-CA-320798; 373 NLRB No. 60)  Honolulu, HI, May 16, 2024.

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 Section 8(a)(1) by orally promulgating a rule prohibiting employees from discussing their wages, telling employees that they may be discharged for discussing wages and that other employees have been discharged for discussing wages, and discharging an employee for discussing their wages.

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

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Foster Farms, LLC  (32-RC-318944)  Fresno, CA, May 15, 2024.  A Board majority (Chairman McFerran and Member Kaplan) granted review with respect to Objection 1 and remanded that objection to the Regional Director for a hearing, finding that the Employer’s Request for Review of the Regional Director’s Decision on Election Objections and Certification of Representative raised substantial issues with respect to Objection 1 that could best be resolved after a hearing.  A different Board majority (Chairman McFerran and Member Prouty) denied review with respect to Objection 2, finding that the Employer’s Request for Review concerning that objection raised no substantial issues warranting review.  Member Prouty dissented with respect to Objection 1 and would have denied review of that objection, and Member Kaplan dissented with respect to Objection 2 and would have granted review and remanded Objection 2 for a hearing.  Petitioner—United Food and Commercial Workers 8 - Golden State.  Chairman McFerran and Members Kaplan and Prouty participated.

C Cases

Starbucks Corporation  (12-CA-307896, et al.)  Tallahassee, FL, May 13, 2024.  The                                Board (Chairman McFerran and Member Prouty; Member Kaplan, dissenting in part) granted the Respondent’s Request for Special Permission to Appeal the Deputy Chief Administrative Law Judge’s order denying its motion for an in-person hearing.  The Board further stayed the judge’s order to conduct the hearing via videoconference pending its decision on the merits of the special appeal.  Member Kaplan joined his colleagues in granting the Respondent’s Request for Special Permission to Appeal but would have granted the Respondent’s appeal on the merits.  Charges filed by Chicago and Midwest Regional Joint Board, Workers United/SEIU. Chairman McFerran and Members Kaplan and Prouty 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

Capital Roots, Inc.  (03-CA-300872 and 03-CA-319059; JD-29-24)  Troy, NY. Administrative Law Judge Arthur J. Amchan issued his decision on May 15, 2024.  Charges filed by Service Employees International Union Local 200 United.

Walmart, Inc.  (15-CA-292146; JD-30-24)  Baton Rouge, LA.  Administrative Law Judge Donna N. Dawson issued her decision on May 15, 2024. Charge filed by an individual.

Amazon.com Services, LLC  (29-CA-292844, et al.; JD(NY)-12-24)  Brooklyn, NY.  Administrative Law Judge Lauren Esposito issued her decision on May 17, 2024.  Charges filed by Amazon Labor Union.

UPS Supply Chain Solutions, Inc.  (32-CA-295913 and 32-CA-297314; JD(SF)-14-24)  Tracy, CA. Administrative Law Judge Gerald M. Etchingham issued his decision on May 17, 2024.  Charges filed by Teamsters Local 439, Int’l Brotherhood of Teamsters.

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