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Cases and Decisions

Cases & Decisions

Summary of NLRB Decisions for Week of November 15 - 19, 2021

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

Guardian Healthcare—Eldercrest Healthcare  (06-CA-275952; 371 NLRB No. 38)  Munhall, PA, November 17, 2021.

The Board granted the General Counsel’s Motion for Default Judgment based on the Respondent’s failure to file a timely answer to the complaint.  The Board found that the Respondent violated Section 8(a)(5) and (1) by failing to continue in effect all the terms and conditions of its contract with the Union.

Charge filed by International Brotherhood of Teamsters, Local Union No. 249.  Chairman McFerran and Members Kaplan and Prouty participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Fox Television Stations, LLC  (18-RC-273053)  Brown Deer, WI, November 16, 2021.  The Board denied the Employer and Petitioner’s Requests for Review of the Regional Director’s Decision and Order on Challenged Ballots as they raised no substantial issues warranting review.  Petitioner—National Association of Broadcast Employees and Technicians-Communications Workers of America, AFL-CIO.  Members Kaplan, Wilcox, and Prouty participated.

Community Help in Park Slope, Inc., d/b/a CHiPS  (29-UC-274990)  Brooklyn, NY, November 17, 2021.  The Board denied the Employer’s Request for Review of the Regional Director’s Decision and Clarification of Bargaining Unit as it raised no substantial issues warranting review.  Petitioner—Local 726, International Union of Journeymen and Allied Trades.  Members Kaplan, Wilcox, and Prouty participated.

Union Electric Company, d/b/a Ameren Missouri  (14-RC-278595)  Steedman, MO, November 18, 2021.  The Board denied the Employer’s Request for Review of the Acting Regional Director’s Decision and Direction of Election as it raised no substantial issues warranting review.  Petitioner—International Union of Operating Engineers, Local 148.  Chairman McFerran and Members Kaplan and Wilcox participated.

Dynamic Concepts, Inc.  (05-RC-282516)  Washington, D.C., November 18, 2021.  The Board (Members Wilcox and Prouty; Member Kaplan, dissenting) granted both the Petitioner’s Emergency Motion to Stay Election and its Request for Review of the Regional Director’s Stipulation to Set Aside Election and Stipulated Election Agreement as they raised substantial issues warranting review.  Member Kaplan would deny review.  He would find the Employer’s stipulation agreement that set aside the original election and agreed to a rerun election effectively waived its right to dispute the merits of the Petitioner’s objections to the first election and rendered the objections moot.  Petitioner—Construction and Master Laborers’ Local Union 11.  Members Kaplan, Wilcox, and Prouty participated.

C Cases

Cabell Huntington Hospital, Inc.  (09-CA-263390)  Huntington, WV, November 15, 2021.  No exceptions having been filed to the September 30, 2021 decision of Administrative Law Judge Christine E. Dibble’s finding that the Respondent had engaged in certain unfair labor practices, the Board adopted the judge’s findings and conclusions, and ordered the Respondent to take the action set forth in the judge’s recommended Order.  Charge filed by Service Employees International Union (SEIU), District 1199, WV/KY/OH.

Pace Air Freight, Inc.  (25-CA-261402)  Plainfield, IN, November 15, 2021.  No exceptions having been filed to the October 12, 2021 decision of Administrative Law Judge Robert A. Giannasi’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.  Charge filed by an individual.

United States Postal Service  (16-CA-258875)  Pecos, TX, November 16, 2021.  In this case alleging Section 8(a)(5) and (1) violations, the Board approved a formal settlement stipulation between the Respondent and the General Counsel and specified actions the Respondent must take to comply with the Act.  Charge filed by National Association of Letter Carriers, Branch 3792.  Chairman McFerran and Members Kaplan and Wilcox participated.

Southwest Displays & Events, d/b/a SWXGlobal Design & Production  (16-CA-264618)  Carrollton, TX, November 16, 2021.  No exceptions having been filed to the September 27, 2021 decision of Administrative Law Judge Arthur J. Amchan’s finding that the Respondent had engaged in certain unfair labor practices, the Board adopted the judge’s findings and conclusions, and ordered the Respondent to take the action set forth in the judge’s recommended Order.  Charge filed by Central South Carpenters Regional Council, Carpenters Local Union 429.

Sunrise Operations, LLC, a wholly owned subsidiary of The Pasha Group  (20-CA-219534, et al.)  San Francisco, CA, November 17, 2021.  The Board denied the Charging Party’s Motion for Reconsideration of the Board’s Decision and Order, reported at 371 NLRB No. 4 (2021).  The Board found that the Charging Party had not identified any material error, raised any issue not previously considered, or demonstrated extraordinary circumstances warranting reconsideration.   Charges filed by International Organization of Masters, Mates & Pilots, ILA/AFL-CIO.  Chairman McFerran and Members Ring and Prouty participated.

Amazon.com Services LLC  (29-CA-261755)  Staten Island, NY, November 18, 2021.  The Board denied the Respondent’s Request for Special Permission to Appeal from four evidentiary rulings of the Administrative Law Judge.  The judge’s orders at issue: 1) denied the Respondent’s Motion for Reconsideration of the judge’s denial of the Respondent’s petition to partially revoke the Acting General Counsel’s and Charging Party’s subpoenas duces tecum; 2) refused to partially revoke the Charging Party’s subpoena duces tecum; 3) directed the Respondent to remove redactions from copies of five “Chime” messages that it produced in response to the subpoena requests; and 4) directed the Respondent to remove redactions from a copy of a Microsoft OneNote file that it produced in response to the subpoena requests.  The Board found that the Respondent failed to establish that the judge abused his discretion or that his rulings cannot be appropriately addressed at a later stage of the proceeding.  Thus, the Board denied permission to appeal and ordered the Respondent to produce the requested information in accordance with the judge’s orders without prejudice to the Respondent’s right to renew its objections before the Board on exceptions, if appropriate.  Charge filed by an individual.  Chairman McFerran and Members Kaplan and Wilcox participated.

Stephens Media Group–Watertown, LLC and Stephens Media Group–Massena, LLC  (03-CA-226225, et al.)  Massena and Watertown, NY, November 18, 2021.  The Board denied the Charging Party’s Motion for Reconsideration of the Board’s Decision and Order, reported at 371 NLRB No. 11 (2021).  The Board found that the Charging Party had not identified any material error or demonstrated extraordinary circumstances warranting reconsideration.  Chairman McFerran adhered to her partial dissent in the previous Decision and Order but agreed that the Charging Party had not established grounds for reconsideration.  Charges filed by National Association of Broadcast Employees and Technicians – Communications Workers of America, AFL-CIO.  Chairman McFerran and Members Kaplan and Ring 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

Vision Battery USA, Inc.  (16-CA-271723; JD-70-21)  Joplin, MO.  Administrative Law Judge Andrew S. Gollin issued his decision on November 17, 2021.  Charge filed by an individual.

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