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Cases and Decisions

Cases & Decisions

Summary of NLRB Decisions for Week of November 14 -18, 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

Tesla, Inc. (32-CA-197020, et al.; 371 NLRB No. 131) Fremont, CA, November 15, 2022.  Errata to the August 29, 2022 Supplemental Decision and Order.  Errata   Amended Decision.

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Window to the World Communications, Inc.  (13-RC-289039; 372 NLRB No. 3)  Chicago, IL, November 15, 2022.

The Board granted the Petitioner’s Request for Review of the Regional Director’s Decision on Objections and Certification of Results.  The Board reversed and remanded the case to the Regional Director.  In reversing, the Board observed that the singular and highly unusual circumstances of the case – namely, the Region’s initial error in sending an incorrect ballot, the voter’s returning of his ballot in a prompt manner, the presence of only a single eligible voter in the election, and the fact that the ballot did arrive at the Region after the count – warranted a departure from the Board’s ordinary approach to late-arriving mail ballots.  The combination of circumstances was such that the ordinary balancing of enfranchisement and finality that animated CenTrio Energy South, LLC, 371 NLRB No. 94 (2022) was not present, with any interest in finality being conclusively outweighed by the sole voter’s heavy interest in enfranchisement.

Member Kaplan joined his colleagues in reversing, but would more broadly hold that the bright line rule of CenTrio should not be applied whenever doing so would irrationally interfere with employees’ fundamental right to choose whether or not to be represented by a union.

Petitioner—International Brotherhood of Electrical Workers Local 1220.  Chairman McFerran and Members Kaplan and Wilcox participated.

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New York Party Shuttle, LLC, d/b/a Onboard Tours, Washington DC Party Shuttle, LLC, d/b/a Onboard Tours, Onboard Las Vegas Tours, LLC, d/b/a Onboard Tours, NYC Guided Tours, LLC, and Party Shuttle Tours, LLC, a Single Employer  (02-CA-073340; 372 NLRB No. 5)  New Yor, NY, November 18, 2022.

On remand from the Fifth Circuit Court, the Board liquidated the portion of the backpay award that was affirmed by the Court (i.e., February 2012 through September 2014) and severed and remanded the issue of gross backpay payable for the period of October 2014 through March 2018 to the Division of Judges for reopening of the record and issuance of a second supplemental decision.

Charge filed by an individual.  Administrative Law Judge Kenneth W. Chu issued his supplemental decision on July 9, 2019.  Members Kaplan, Ring, and Prouty participated.

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T-Mobile USA, Inc.  (14-CA-170229; 372 NLRB No. 4)  Wichita, KS, November 18, 2022.

On remand from the D.C. Circuit Court, which granted the Union’s Request for Review of the Board’s decision, the Board (Members Wilcox and Prouty; Member Ring, dissenting) found that T-Voice is a “labor organization” within the meaning of Section 2(5) of the Act and that the Respondent violated Section 8(a)(2) and (1) by dominating and assisting T-Voice.  Dissenting, Member Ring would have dismissed this allegation.  The Board ordered the Respondent to disestablish and cease all support to T-Voice.

Charge filed by Communication Workers of America, AFL–CIO.  Administrative Law Judge Sharon Levinson Steckler issued her decision on April 3, 2017.  Members Ring, Wilcox, and Prouty participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Trilogy MedWaste West, LLC  (19-RM-292206)  Tacoma, WA, November 16, 2022.  The Board granted the Petitioner’s Request for Review of the Acting Regional Director’s Report on Objections, Order Setting Aside Results of Election, and Notice of Rerun Election as it raised substantial issues warranting review, and remanded the case to the Acting Regional Director to resolve the Union’s remaining objections.  

Union—Teamsters Local 174, a/w the International Brotherhood of Teamsters.  Members Kaplan, Wilcox, and Prouty participated.

C Cases

United States Postal Service  (09-CA-287274 and 09-CB-287349)  Oak Hill, OH, November 4, 2022.  No exceptions having been filed to the September 28, 2022 decision of Administrative Law Judge Charles J. Muhl’s 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.  Charges 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

International Longshoremen’s Association, Local 1526 (Florida International Terminal, LLC)  (12-CB-285734; JD(SF)-30-22)  Ft Lauderdale, FL.  Administrative Law Judge Brian D. Gee issued his decision on November 17, 2022.  Charge filed by an individual.

Chemtrade West US LLC  (32-CA-282594; JD(SF)-29-22)  Richmond/Bay Point, CA.  Administrative Law Judge Amita Baman Tracy issued her decision on November 17, 2022.  Charge filed by International Association of Machinists and Aerospace Workers, Local Lodge 1584.

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