Summary of NLRB Decisions for Week of May 19 - 23, 2025
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
No Published Decisions Issued.
***
Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
No Unpublished R Cases Issued.
C Cases
No Unpublished C Cases Issued.
***
Appellate Court Decisions
Northeastern University, Board No. 01-CA-329551 (reported at 373 NLRB No. 62) (1st Cir. decided May 23, 2025).
In a published opinion that issued in this test-of-certification case, the First Circuit denied enforcement of the Board’s bargaining order that issued against this private university with a campus in Boston, Massachusetts, where it operates a campus police department, and remanded for the Board to address any remaining issues consistent with this opinion. Contrary to the Board’s findings, the Court held that the individuals in question were statutory supervisors.
In the underlying representation case, the American Coalition of Public Safety filed a petition to represent Northeastern’s sergeants, sergeant detectives, and detectives in the campus police department. Northeastern opposed the petition, asserting that those individuals are supervisors under Section 2(11) of the Act. After a hearing, the Regional Director issued a decision finding that Northeastern had not met its burden of establishing supervisory status. In September 2023, the employees voted 14 to 0 for representation, and the Regional Director certified the Union. Northeastern then filed a Request for Review, which was denied by the Board (Chairman McFerran and Members Prouty and Wilcox). Subsequently, Northeastern refused to bargain in order to seek court review.
The Court viewed the record evidence differently and held that the sergeants and sergeant detectives have authority to assign subordinates, exercise independent judgment while doing so, and thus are supervisors within the meaning of Section 2(11) of the Act. Among other findings, the Court held that the department’s deployment plan, which sergeants use to deploy subordinate officers, did not negate a finding that assignments were made with independent judgment, noting that the plan provided for the discretion to deviate from the plan in the face of developing circumstances and that record evidence showed that such adjustments had been made. Regarding the sergeant detectives, the Court held that they exercise independent judgment in assigning work because, among other things, they consider various factors including their subordinates' specialties and skills. Accordingly, the Court remanded the case for the Board to address any remaining issues.
The Court’s opinion is here.
AllService Plumbing & Maintenance, Inc., Board No. 15-CA-019433 (unreported Board order) (5th Cir. May 23, 2025)
In a published opinion, the Fifth Circuit denied the Board’s application for summary enforcement of its order that issued against AllService, a provider of commercial and residential plumbing services in Louisiana. The case had a lengthy and unique procedural history that spanned 15 years. In denying enforcement, the Court cited the long delay in the case. The Court then determined that it had jurisdiction to reach certain arguments that AllService presented to the Court, finding that the Board had sufficient notice of them. Passing on the unfair-labor-practice findings, the Court held that the Board’s order was not sufficiently supported by the record evidence.
The Court’s opinion is here.
***
Administrative Law Judge Decisions
Fields Fire Protection, LLC (04-CA-311903; JD–45–25) Sharon Hill, PA. Administrative Law Judge Susannah Merritt issued her decision on May 20, 2025. Charge filed by Sprinkler Fitters Local 692, United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL–CIO.
Greenhouse Group, LLC d/b/a Curaleaf; Curaleaf Worth LLC d/b/a Curaleaf; and Greenhouse Group, LLC d/b/a Curaleaf IL 2 (13–CA–304261, et al.; JD–46–25) Skokie, IL. Administrative Law Judge Geoffrey Carter issued his decision on May 22, 2025. Charges filed by United Food & Commercial Workers Local 881.
***
To have the NLRB’s Weekly Summary of Cases delivered to your inbox each week, please subscribe here.