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Cases and Decisions

Cases & Decisions

Summary of NLRB Decisions for Week of October 25 - 29, 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

FCA US LLC  (07-CA-219895 and 07-CA-221914; 371 NLRB No. 32)  Dundee, MI, October 28, 2021.

The Board unanimously adopted the Administrative Law Judge’s conclusion that the Respondent violated Section 8(a)(5) and (1) by unreasonably delaying in providing requested team member interview forms, and by failing to produce certain “taxi pulls” and nonunit employee discipline information.  A Board majority (Chairman McFerran and Member Wilcox) rejected the Respondent’s argument that the Union no longer needed the nonunit discipline information because the parties had settled a related grievance, ordering the Respondent to provide this information anyway.  Member Kaplan would have referred this issue to compliance.  However, reversing the judge, the Board unanimously found that the Respondent did not violated Section 8(a)(5) and (1) by refusing to provide requested daily plant production numbers and delaying in providing an employee’s confidential witness statement.  The Board concluded that the production numbers request was not presumptively relevant, and that the Union failed to carry its burden of demonstrating to the Respondent “a reasonable belief supported by objective evidence” that the information was in fact relevant.  Further, the Board concluded that the judge misapplied Piedmont Gardens – requiring a case-by-case balancing of a requesting union’s need for an employee’s statement against an employer’s legitimate and substantial need to protect the statement from disclosure – inasmuch as the judge failed to account for the Union’s failure to respond to, and explain the insufficiency of, the Respondent’s proposed accommodation.  Member Kaplan applied Piedmont Gardens solely for institutional reasons while adhering to his position that Piedmont Gardens was wrongly decided.

Charges filed by Local 723, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), AFL-CIO.  Administrative Law Judge Melissa M. Olivero issued her decision on November 5, 2019.  Chairman McFerran and Members Kaplan and Wilcox participated.

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All Steel Iron Works, Inc.  (13-CA-261682; 371 NLRB No. 33)  Bedford Park, IL, October 29, 2021.

The Board granted the General Counsel’s Renewed Motion for Default Judgment based on the Respondent’s failure to file an answer to the complaint.  The Board found that the Respondent violated Section 8(a)(5) and (1) by laying off eight unit employees without giving the Union prior notice and an opportunity to bargain regarding this conduct.

Charge filed by Iron Workers Regional Local Union No. 853.  Chairman McFerran and Members Kaplan and Prouty participated.

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United States Postal Service  (15-CA-248837, et al.; 371 NLRB No. 34)  Panama City, FL, October 29, 2021.

The Board granted the General Counsel’s Motion for Default Judgment based on the Respondent’s noncompliance with the provisions of the parties’ informal settlement agreement.  In doing so, the Board rejected the Respondent’s argument that its noncompliance should be excused because the discriminatee failed to provide, or delayed in providing, the Respondent with paperwork necessary to process her backpay award.  The case alleges Section 8(a)(5), (4), (3), and (1) violations.  The remedy orders the Respondent to comply with the unmet terms of the settlement agreement.

Charges filed by American Postal Workers Union, Local 1414 and an individual.  Chairman McFerran and Members Kaplan and Wilcox participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Import Motors II, Inc. d/b/a Audi Concord  (32-RC-272003)  Concord, CA, October 25, 2021.  The Board denied the Employer’s Request for Review of the Regional Director’s Decision on Exceptions, Adopting Hearing Officer’s Report, and Recommendations Overruling Objections and Certification of Representative as it raised no substantial issues warranting review.  Petitioner—Machinists Automotive Trades District Lodge No. 190, Machinists Local 1173.  Chairman McFerran and Members Kaplan and Wilcox participated.

C Cases

Niagara Mohawk Power Corp., d/b/a National Grid  (03-CA-255757)  Syracuse, NY, October 25, 2021.  No exceptions having been filed to the September 13, 2021 decision of Administrative Law Judge Melissa M. Olivero’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 International Brotherhood of Electrical Workers, AFL-CIO, Local 97.

United States Postal Service  (01-CA-263580)  Hampden, ME, October 26, 2021.  No exceptions having been filed to the September 17, 2021 decision of Administrative Law Judge Donna N. Dawson’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 American Postal Workers Union, Local 536, AFL-CIO.

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Appellate Court Decisions

No Appellate Court Decisions involving Board Decisions to report.

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Administrative Law Judge Decisions

ColArt Americas, Inc. and Staff Management Group, LLC, Joint Employers  (22-CA-252829; JD(NY)-13-21)  Piscataway, NJ.  Administrative Law Judge Kenneth W. Chu issued his decision on October 27, 2021.   Charge filed by an individual.

Macy’s, Inc.  (20-CA-270110 and 20-CB-269444; JD(SF)-10-21)  San Francisco, CA.  Administrative Law Judge Ariel L. Sotolongo issued his decision on October 29, 2021.  Charges filed by an individual.

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