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Cases and Decisions

Cases & Decisions

Summary of NLRB Decisions for Week of October 31 -November 4, 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

Securitas Security Services USA, Inc.  (01-RD-293620; 372 NLRB No. 2)  Boston, MA, November 4, 2022.

The Board granted the Petitioner’s Request for Review of the Regional Director’s administrative dismissal of the Petitioner’s decertification petition as it raised substantial issues warranting review.  On review, the Board reversed the Regional Director and held that neither Section 9(b)(3) nor University of Chicago, 272 NLRB 873 (1984), bar the Board from processing a petition seeking to decertify an incumbent mixed guard-nonguard union.  The Board observed that the holding in University of Chicago was that a mixed guard-nonguard union could not participate in a Board-conducted election as either a petitioner or intervenor, and that the Board had not held that an incumbent mixed union could not appear on the ballot in a decertification election.  The Board clarified that if a decertification election is conducted and employees vote to decertify an incumbent mixed guard-nonguard union, the Regional Director will issue an order decertifying the mixed union.  However, if employees vote to retain the mixed union, the Regional Director will instead issue an order stating that a majority of employees have voted against decertification but under Section 9(b)(3) the results of the election cannot be certified.

Member Wilcox joined her colleagues in agreeing that University of Chicago does not bar the processing of a petition seeking to decertify an incumbent mixed guard-nonguard union, but indicated she would be open to reconsidering University of Chicago in a future appropriate case.

Petitioner—an individual.  Union—Service Employees International Union Local 32BJ.  Chairman McFerran and Members Ring and Wilcox participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Golden Svcs, LLC  (08-RC-298271)  Cleveland, OH, November 1, 2022.  The Board denied the Petitioner’s Request for Review of the Regional Director’s Order Directing Hearing and Notice of Order on Challenged Ballots as it raised no substantial issues warranting review.  The Board also denied the Petitioner’s request for a stay of the hearing.  Petitioner—Ohio Patrolmen’s Benevolent Association.  Members Kaplan, Wilcox, and Prouty participated.

Bloom Medicinals of Missouri—Dispensary 1, LLC  (14-RC-295063)  Saint Charles, MO, November 2, 2022.  The Board denied the Employer’s Request for Review of the Regional Director’s Decision on Objections and Certification of Representative as it raised no substantial issues warranting review.  Petitioner—United Food and Commercial Workers Local 655.  Chairman McFerran and Members Kaplan and Prouty participated.

Hood River Distillers, Inc.  (19-RD-271944)  Hood River, OR, November 2, 2022.  The Board denied the Employer’s Request for Review of the Regional Director’s Decision and Order dismissing the petition as it raised no substantial issues warranting review.  Chairman McFerran and Members Kaplan and Prouty participated.  Union—Teamsters Local Union No. 670.

C Cases

No Unpublished C Cases Issued.

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Appellate Court Decisions

No Appellate Court Decisions involving Board Decisions to report.

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Administrative Law Judge Decisions

Elm Community Charter School  (29-CA-285334 and 29-CA-290857; JD(NY)-12-22)  Brooklyn, NY.  Administrative Law Judge Jeffrey P. Gardner issued his decision on November 3, 2022.  Charges filed by United Federation of Teachers, Local 2, American Federation of Teachers, AFL-CIO.

Starbucks Corporation  (19-CA-289275 and 19-CA-289771; JD(SF)-28-22)  Seattle, WA.  Administrative Law Judge John T. Giannopoulos issued his decision on November 3, 2022.  Charges filed by Workers United a/w Service Employees International Union.

Oxarc, Inc.  (19-CA-230472, et al.; JD(SF)-27-22)  Pasco, WA.  Administrative Law Judge Ariel L. Sotolongo issued his decision on November 4, 2022.  Charges filed by Teamsters Local 839, Teamsters Local 690, International Brotherhood of Teamsters, and an individual.

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