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Cases and Decisions

Cases & Decisions

Summary of NLRB Decisions for Week of May 23 - 27, 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

Geodis Logistics, LLC  (15-RD-217294 and 15-RD-231857; 371 NLRB No. 102)  Memphis, TN, May 24, 2022.

The Board (Chairman McFerran and Member Wilcox; Member Ring, concurring) affirmed the Regional Director’s decision not to reinstate the decertification petitions.  The Board held that that an employer may not restart the decertification process by requesting and securing reinstatement of its employees’ decertification petition, and affirmed the Regional Director’s decision on the basis that the Employer—and not an employee or group of employees or individual or labor organization acting in their behalf—requested reinstatement of the instant petitions.

Petitioner—an individual.  Chairman McFerran and Members Ring and Wilcox participated.

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1621 Route 22 West Operating Company, LLC d/b/a Somerset Valley Rehabilitation & Nursing Center  (22-CA-069152 and 22-CA-074665; 371 NLRB No. 101)  Bound Brook, NJ, May 24, 2022.

In this compliance proceeding, the Board granted in part the Acting General Counsel’s Motion to Strike and for Partial Summary Judgment as to those paragraphs of the compliance specification for which there was either no issue in dispute or the Respondent admitted the allegation, sought to relitigate settled issues, or improperly failed to deny the allegation with the specificity required under the Board’s Rules and Regulations.  The Board remanded the case for a hearing limited to taking evidence concerning paragraphs of the compliance specification as to which summary judgment was denied or was not sought.

Charges filed by 1199 SEIU United Healthcare Workers East, New Jersey Region.  Administrative Law Judge Lauren Esposito issued her decision on January 15, 2013.  Chairman McFerran and Members Ring and Prouty participated.

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11 West 51 Realty LLC d/b/a The Jewel Facing Rockefeller Center  (02-CA-256884; 371 NLRB No. 83)  New York, NY, May 27, 2022.

The Board adopted the Administrative Law Judge’s conclusion that the Respondent violated Section 8(a)(5) and (1) by limiting paid annual vacation to two weeks without giving the Union notice and an opportunity to bargain.  The Board reversed the judge’s conclusion that the Respondent violated Section 8(a)(5) and (1) by failing to notify and bargain with the Union over the effects of its decision to place new king-size pillows in certain of the Respondent’s guestrooms.  Member Kaplan concurred in dismissing the allegation regarding the new king-sized pillows but would also find that the change did not constitute a material change to the housekeepers’ working conditions that would warrant a bargaining obligation in the first place.

Charge filed by the New York Hotel and Motel Trades Council, AFL-CIO.  Administrative Law Judge Benjamin W. Green issued his decision on February 25, 2021.  Chairman McFerran and Members Kaplan and Ring participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

No Unpublished R Cases Issued.

C Cases

United States Postal Service  (18-CA-285074)  Milwaukee, WI, May 25, 2022.  In this case alleging violations of Section 8(a)(5), (4), (3), and (1), the Board approved a formal settlement stipulation between the Respondent, the Charging Party, and the General Counsel, and specified actions the Respondent must take to comply with the Act.  Charge filed by American Postal Workers Union, AFL-CIO, Milwaukee Area Local #3.  Members Ring, Wilcox, and Prouty participated.

Chicanos Por La Causa, Inc.  (28-CA-260450)  Phoenix, AZ, May 26, 2022.  No exceptions having been filed to the April 13, 2022 decision of Administrative Law Judge Eleanor Laws’ finding that the Respondent had not engaged in certain unfair labor practices, the Board adopted the judge’s findings and conclusions and dismissed the complaint.  Charge filed by an individual.

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Appellate Court Decisions

No Appellate Court Decisions involving Board Decisions to report.

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Administrative Law Judge Decisions

MV Transportation, Inc.  (19-CA-279935; JD(SF)-11-22)  Redmond, WA.  Administrative Law Judge Gerald M. Etchingham issued his decision on May 24, 2022.  Charge filed by Communication Workers of America, Local 7800.

Vesta VFO, LLC  (04-CA-260273 and 04-CA-260277; JD-30-22)  Lower Gwynedd, PA.  Administrative Law Judge Kimberly Sorg-Graves issued her decision on May 25, 2022.  Charges filed by individuals.

Amentum Services, Inc., f/k/a Aecom Management Services, Inc.  (28-CA-276524; JD-31-22)  Las Vegas, NV.  Administrative Law Judge Arthur J. Amchan issued his decision on May 26, 2022.  Charge filed by an individual.

Miller Plastic Products, Inc.  (06-CA-266234; JD-32-22)  Burgettstown, PA.  Administrative Law Judge Michael A. Rosas issued his decision on May 27, 2022.  Charge filed by an individual.

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