Summary of NLRB Decisions for Week of November 2 -6, 2026

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.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

OQ Chemicals Corporation  (16-RC-354943)  Bay City, TX, November 2, 2026. A Board  majority (Chairman Murphy and Member Prouty; Member Mayer, dissenting in part) denied the Employer’s Requests for Review of the Regional Director’s Decision and Direction of Election, Report on Objections, and Decision and Certification of Representative as they raised no substantial issues warranting review. Member Mayer, dissenting in part, would have granted review with respect to the Regional Director’s decision to overrule the Employer’s Objection 1. Petitioner—International Union of Operating Engineers (IUOE), Local 564. Chairman Murphy and Members Prouty and Mayer participated.

PrimeFlight Aviation Services, Inc.  (32-RC-383912)  San Jose, CA, November 3, 2026. The Board denied the Employer’s Request for Review of the Regional Director’s Certification of Representative as it raised no substantial issues warranting review. Petitioner—International Association of Machinist & Aerospace Workers, Air Transport District 141.  Members Prouty, Mayer, and Macy participated. 

C Cases

Guaranteed Investments OH, LLC d/b/a Guaranteed Dispensary  (09-CA-359348, et al.)  Dayton, OH, November 3, 2026.  The Board approved a formal settlement stipulation between the Employer, the Union, and the General Counsel, and specified actions the Respondent must take to comply with the Act.  Charges filed by United Food and Commercial Workers International Union (UFCW), Local 75.  Members Prouty, Mayer, and Macy participated.

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Appellate Court Decisions

Hotel Equities Group LLC, Board No. 16-CA-363860 (reported at 374 NLRB No. 36) (5th Cir. Nov. 3, 2026)

In an unpublished opinion that issued in this test-of-certification case, the Fifth Circuit enforced the Board’s bargaining order that issued against this operator of a hotel in Austin, Texas, after it refused to bargain following a July 2024 election among its employees which resulted in a vote of 34 to 8 in favor of representation by UNITE HERE Local 23.  The Court concluded that the Board did not abuse its discretion in overruling the Hotel’s election objection and certifying the Union, and therefore upheld the Board’s finding that the Hotel’s refusal to bargain violated Section 8(a)(5) and (1). 

In the underlying representation case, after the Union filed a petition to represent the employees, the parties proceeded under the terms of a stipulated election agreement. After the election, the Hotel filed objections including one that alleged misconduct by the Union in the weeks before the election.  The objection claimed that the Union threatened employees by stating that the Hotel would discharge union supporters if the Union did not win, which it asserted was shown by two incidents: a house visit to an employee by two union representatives, and a workplace discussion involving two co-workers, whom the Hotel contended were union agents.  After a hearing, the Regional Director issued a decision finding that the Hotel failed to present sufficient evidence to prove that the Union had threatened employees, overruled the objection, and certified the Union.  The Hotel filed a Request for Review, which was denied by the Board (Chairman Kaplan and Members Prouty and Wilcox).

On review, the Court held that the facts underlying the Board’s rulings in the representation case were supported by substantial evidence, and found no error in the Board’s reasoning.  The Court rejected the Hotel’s contentions, noting that they included unsubstantiated challenges to credibility findings or were otherwise contrary to the record evidence or precedent.  Moreover, the Court commented that “[e]ven if some employees were threatened, [the Hotel] did not clearly establish that there was sufficient dissemination to affect free choice, especially in an election where the votes in favor of the Union were triple the votes against it.”  Accordingly, the Court enforced the Board’s bargaining order. 

The Court’s opinion is here.

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Administrative Law Judge Decisions

No Administrative Law Judge Decisions Issued.

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