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Cases and Decisions

Cases & Decisions

Summary of NLRB Decisions for Week of October 12 - 15, 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

Qawasmi Trading Inc. d/b/a Green Way Glass & Mirror & Woodworking d/b/a Temp Tech Glass and Green Way Glass & Mirror & Woodworking and Temp-Tech Industries, Inc.  (13-CA-226275 and 13-CA-228751; 371 NLRB No. 31)  Chicago, IL, October 13, 2021.

The Board denied without prejudice the General Counsel’s Motion to Modify the Board’s Supplemental Decision and Order reported at 371 NLRB No. 20 (2021), which granted the Acting General Counsel’s Motion for Default Judgment based on the Respondents’ failure to file an answer to the compliance specification.  The General Counsel requested that the Board modify that order to include language that indicates that the Respondents have an ongoing liability to the International Union of Painters and Allied Trades Industry Pension Fund (the Fund) on behalf of two discriminatees.  The Board explained that the compliance specification did not specify with sufficient clarity an ongoing liability for the Respondents to the Fund on behalf of the two discriminatees.  The Board denied the General Counsel’s motion without prejudice to the General Counsel issuing a supplemental compliance specification regarding the ongoing liability for the Respondents to the Fund.

Charges filed by Glaziers Architectural Metal Workers Local 27.  Chairman McFerran and Members Kaplan and Ring participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Falck Northern California Corp.  (32-RC-275992)  Oakland, CA, October 14, 2021.  The Board denied the Employer’s Request for Review of the Regional Director’s Decision and Direction of Election as it raised no substantial issues warranting review and denied its request to impound the ballots as moot.  The Regional Director had concluded that the Operations Captains were not supervisors under Section 2(11) of the Act.  Petitioner—National Association of Government Employees, NAGE EMS.  Chairman McFerran and Members Kaplan and Wilcox participated.

C Cases

People United for Sustainable Housing, Inc.  (03-CA-271788 and 03-CA-271790)  Buffalo, NY, October 12, 2021.  No exceptions having been filed to the August 27, 2021 decision of Administrative Law Judge Arthur J. Amcham’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.  Charges filed by individuals.

Station GVR Acquisition, LLC d/b/a Green Valley Ranch Resort Spa Casino, Red Rock Resorts, Inc.  (28-CA-228052, et al.)  Las Vegas, NV, October 13, 2021.  The Board granted the Respondent’s Request for Special Permission to Appeal the Administrative Law Judge’s order denying the Respondent’s Petition to Revoke two subpoenas ad testificandum and denied the appeal on the merits.  The Board found that the Respondent failed to show that the judge abused her discretion because the subpoenas seek information relevant to the matters at issue, and the Respondent failed to establish any other legal basis for revoking the subpoenas.  The Board rejected the Respondent’s claim that the judge erred in misapplying the “apex doctrine.”  Charges filed by Local Joint Executive Board of Las Vegas a/w Unite Here International Union; International Union of Operating Engineers, Local 501, AFL-CIO; and individuals.  Chairman McFerran and Members Kaplan and Ring participated.

Santa Fe T, LLC d/b/a Toyota of Santa Fe  (28-CA-251745, et al.)  Santa Fe, NM, October 14, 2021.  In this case alleging Section 8(a)(1), (3), and (4) violations, the Board approved a formal settlement stipulation between the Respondent, the Charging Parties, and the Acting General Counsel, and specified actions the Respondent must take to comply with the Act.  Charges filed by International Association of Machinists and Aerospace Workers, Local Lodge 794, and individuals.  Chairman McFerran and Members Kaplan and Ring participated.

LaSalle Southwest Corrections  (16-CA-264520)  Alvarado, TX, October 15, 2021.  No exceptions having been filed to the August 5, 2021 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 Federal Contract Guards of America.

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Appellate Court Decisions

No Appellate Court Decisions involving Board Decisions to report.

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Administrative Law Judge Decisions

Pace Air Freight, Inc.  (25-CA-261402; JD-66-21)  Plainfield, IN.  Administrative Law Judge Robert A. Giannasi issued his decision on October 12, 2021.  Charge filed by an individual.

Coca-Cola Consolidated, Inc.  (09-CA-250571 and 09-CA-251021; JD-56-21)  Erlanger, KY, October 14, 2021.  Errata to Administrative Law Judge Geoffrey Carter’s decision of September 15, 2021.  Errata   Amended Decision.

Twin Rivers Pine Bluff LLC  (15-CA-268541; JD-65-21)  Pine Bluff, AR.  Administrative Law Judge Melissa M. Olivero issued her decision on October 15, 2021.  Charge filed by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers, Local 13-935.

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