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Cases and Decisions

Cases & Decisions

Summary of NLRB Decisions for Week of May 2 - 6, 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

Bloomsburg Care and Rehabilitation Center, LLC  (06-CA-285686; 371 NLRB No. 96)  Bloomsburg, PA, May 4, 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.  The Board found that the Respondent violated Section 8(a)(5) and (1) by failing and refusing to furnish the Union with requested relevant and necessary information.

Charge filed by Retail, Wholesale and Department Store Union Local 262, a/w the United Food and Commercial Workers International Union.  Members Kaplan, Wilcox, and Prouty participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Starbucks Corporation  (19-RC-291410 and 19-RC-291441)  Eugene, OR, May 4, 2022.  The Board denied the Employer’s Request for Review of the Regional Director’s Decision and Direction of Elections as it raised no substantial issues warranting review.  Petitioner—Workers United.  Members Ring, Wilcox, and Prouty participated.

NRT Bus, Inc.  (01-RC-292628)  Framingham, MA, May 4, 2022.  The Board denied the Employer’s Requests to Stay the Mailing of Ballots and for impoundment.  Petitioner—- International Brotherhood of Teamsters, Local 170.  Members Ring, Wilcox, and Prouty participated.

US Brick Holdings, LLC  (25-RD-288080)  Mooresville, IN, May 5, 2022.  The Board (Members Wilcox and Prouty; Member Ring, dissenting) denied the Petitioner’s and Employer’s Requests for Review as they raised no substantial issues warranting review.  The Regional Director had dismissed the Petitioner’s decertification petition under the successor bar doctrine.  Member Ring would overrule UGL-UNICCO Service Co., 357 NLRB 801 (2011), and return to the standard set forth in MV Transportation, 337 NLRB 770 (2002), which provides an incumbent union in a successorship situation only a rebuttable presumption of continuing majority status.  Petitioner—an individual.  Employer—US Brick Holdings, LLC. Members Ring, Wilcox, and Prouty 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

No Administrative Law Judge Decisions Issued.

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