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Cases and Decisions

Cases & Decisions

Summary of NLRB Decisions for Week of November 7 -10, 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

Bothell Pediatric  (19-CA-291046; 371 NLRB No. 158)  Bothell, WA, November 7, 2022.  Errata to the September 29, 2022 decision.  Errata   Amended Decision.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Station Casinos LLC, d/b/a NP Red Rock LLC  (28-RD-292426)  Las Vegas, NV, November 7, 2022.  The Board denied the Employer’s Request for Expedited Review and the Petitioner’s Request for Review of the Regional Director’s Order Vacating Notice of Hearing and Dismissing Petition as they raised no substantial issues warranting review.  The Board majority (Chairman McFerran and Member Wilcox) upheld the Regional Director’s merit-determination dismissal of the decertification petition, but did not rely on his findings that the conduct alleged in the unfair labor practice charges “directly affected” the petition and showing of interest and that the Employer failed to bargain for a reasonable amount of time under the D.C. Circuit’s consent order settling contempt proceedings against the Employer.  Member Kaplan stated that he would grant review and reverse the Regional Director’s dismissal of the petition because the alleged unfair labor practices did not warrant an affirmative bargaining order negating the question concerning representation and because the Regional Director erred in finding a causal connection between the alleged unfair labor practices and the decertification petition without first holding a hearing.  Petitioner—an individual. Union—International Union of Operating Engineers, Local 501.  Chairman McFerran and Members Kaplan and Wilcox participated.

C Cases

Hospital Metro Mayaguez, Inc., d/b/a Hospital Perea  (12-CA-278679)  Mayaguez, PR, November 8, 2022.  No exceptions having been filed to the September 26, 2022 decision of Administrative Law Judge Keltner W. Locke’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 Unidad Laboral de Enfermeras (OS) y Empleados de la Salud.

Starbucks Corporation  (10-CA-291616)  Knoxville, TN, November 9, 2022.  The Board denied the Respondent’s Motion to Dismiss the original complaint as moot and denied the Respondent’s Motion to Dismiss the amended complaint as lacking in merit.  The Board found that the Regional Director had authority to amend the complaint notwithstanding the Respondent’s pending Motion to Dismiss and that the amendment mooted the Respondent’s Motion to Dismiss the original complaint.  As for the Respondent’s Motion to Dismiss the amended complaint, the Board found that the Respondent did not demonstrate that the amended complaint fails to state a claim upon which relief can be granted.  The amended complaint provides sufficient information to satisfy due process and the notice-pleading requirements of Section 102.15 of the Board’s Rules and Regulations.  Charge filed by Workers United, Southern Regional Joint Board.  Members Ring, Wilcox, and Prouty participated.

Foxworth-Galbraith Lumber Company  (16-CA-279730)  Plano, TX, November 10, 2022.  No exceptions having been filed to the September 28, 2022 decision of Administrative Law Judge Robert A. Ringler’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.

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Appellate Court Decisions

No Appellate Court Decisions involving Board Decisions to report.

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Administrative Law Judge Decisions

UTC Railcar Repair Services, LLC, d/b/a Union Tank Car Company  (25-CA-283635; JD-70-22)  Muscatine, IA.  Administrative Law Judge Paul Bogas issued his decision on November 7, 2022.  Charge filed by an individual.

Oxarc, Inc.  (19-CA-230472, et al.; JD(SF)-27-22)  Pasco, WA, November 8, 2022.  Errata to Administrative Law Judge Ariel L. Sotolongo’s decision of November 4, 2022.  Errata   Amended Decision.

Vision Battery USA, Inc. (16-CA-271723; JD-71-22) Joplin, MO.  Administrative Law Judge Andrew S. Gollin issued his supplemental decision on November 9, 2022.  Charge filed by an individual.

1199 SEIU-United Healthcare Workers East a/w Service Employees International Union, SOC, CLC (Whitman-Walker Clinic, Inc., d/b/a Whitman Walker Health)  (05-CB-267953; JD-72-22)  Washington, DC.  Administrative Law Judge Arthur J. Amchan issued his decision on November 9, 2022.  Charge filed by an individual.

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