Summary of NLRB Decisions for Week of September 21 - 25, 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

Michigan Education Association  (07–CA–261392; 375 NLRB No. 42)  East Lansing, MI, September 23, 2026. 

A full Board majority consisting of Chairman Murphy and Members Mayer and Macy adopted the Administrative Law Judge’s recommended dismissal of the allegation that the Respondent violated Section 8(a)(5) and (1) by failing and refusing to furnish the Union with investigation reports from the investigations of two harassment complaints and any and all other supporting documents developed during, and as a result of, those investigations.  The majority agreed with the judge that the requested information is protected by the attorney-client privilege and the work-product doctrine. The majority held that the balancing test established in Detroit Edison Co. v. NLRB, 440 U.S. 301 (1979), does not apply to a claim that requested information is protected from disclosure by the attorney-client privilege.

Dissenting, Member Prouty concluded that the Respondent violated Section 8(a)(5) and (1) by failing and refusing to furnish the Union with most of the requested information.  Although Member Prouty agreed with the majority that the Detroit Edison balancing test does not apply to a claim that requested information is protected from disclosure by the attorney-client privilege, he found that the attorney-client privilege applies to only the portions of the investigation reports that contain specific legal advice and that the rest of the requested information is not protected from disclosure by the attorney-client privilege, the work-product doctrine, or a confidentiality interest based on the assurances of confidentiality that the Respondent provided to the interviewees during the two investigations.

Charge filed by Michigan Executive Directors Association (MEDA).  Administrative Law Judge Melissa M. Olivero issued her decision on April 13, 2022. Chairman Murphy and Members Prouty, Mayer, and Macy participated.  

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Via 313 Pizza Restaurant II, LLC  (16-CA-370467, et al.; 375 NLRB No. 43)  Austin, TX, September 23, 2026.

The Board granted the General Counsel’s Motion for Summary Judgment in this test-of-certification case on the ground that the Respondent failed to raise any issues that were not, or could not have been, litigated in the underlying representation proceeding in which the Union was certified as the bargaining representative. The Board also rejected the Respondent’s argument that it had a right to present its own unfair labor practice allegation, which the General Counsel previously dismissed pursuant to a settlement agreement between the parties, even though the Respondent repackaged its allegation as an affirmative defense. The Board found that the Respondent violated Section 8(a)(5) and (1) by failing and refusing to recognize and bargain with the Union.

Charges filed by Restaurant Workers United. Chairman Murphy and Members Prouty and Mayer participated.

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Lion Elastomers LLC  (16-CA-190681, et al.; 375 NLRB No. 41)  Port Neches, TX, September 23, 2026.

On remand from the Fifth Circuit for a second time, the full Board unanimously remanded the case to the Administrative Law Judge to decide this matter under General Motors LLC, 369 NLRB No. 127 (2020), consistent with the court’s decision. The court had concluded that, in a Supplemental Decision and Order in this case, reported at 372 NLRB No. 83 (2023) (Lion Elastomers II), the Board exceeded the scope of the court’s initial remand by failing to apply General Motors to the facts of this case and violated the Respondent’s due-process rights by overturning General Motors without providing the Respondent an opportunity to be heard on the issue.  The court therefore vacated Lion Elastomers II and remanded the case for the Board to apply General Motors. 

A majority of the Board (Chairman Murphy and Members Mayer and Macy) further recognized that because the court found that the Board in Lion Elastomers II acted beyond the scope of the court’s remand by overruling General Motors, Lion Elastomers II has no precedential value. 

A plurality of the Board (Members Mayer and Macy) stated their view that, as a result of the court’s action, General Motors constitutes extant Board precedent for deciding whether an employee has lost the Act’s protection for abusive conduct that arises in the course of Section 7 protected activity. 

Concurring, Chairman Murphy clarified that this decision did not overrule any precedent, observing that to do so would exceed the scope of the court’s remand—the very same error that the Board made in Lion Elastomers II.  As a result, he reserved judgment on what standard should apply in such cases.

Concurring and dissenting, Member Prouty disagreed with the majority’s view that Lion Elastomers II has no precedential value and with the plurality’s view that General Motors constitutes extant Board precedent. 

Charges filed by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Local 228.  Administrative Law Judge Michael A. Rosas issued his decision on April 25, 2019.  Chairman Murphy and Members Prouty, Mayer, and Macy participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Swissport USA, Inc.  (28-RC-380779) Phoenix, AZ, September 21, 2026.  The Board denied the Employer’s Request for Review of the Regional Director’s Decision and Certification of Representation as it raises no substantial issues warranting review.  Member Mayer agreed to deny review but would be willing to consider whether the Board should refer a similar future case to the National Mediation Board to confirm that its position from Swissport Cargo Services, LP, 52 NMB 25 (2024) remains unchanged.  Petitioner— International Association of Machinists and Aerospace Workers, Air Transport District 142.  Chairman Murphy and Members Prouty and Mayer participated.

Providence St. Peter Hospital  (19-RC-385156)  Olympia, WA, September 21, 2026.  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.  Petitioner—United Food and Commercial Workers Local 3000.  Chairman Murphy and Members Prouty and Mayer participated.

The Cleveland Bagel Company, LLC  (08-RC-380483 and 08-RC-380486) Cleveland, OH, September 21, 2026.  The Board denied the Petitioner’s Request for Review of the Regional Director’s Order Directing Hearing on the Employer’s election objections as it raised no substantial issues warranting review.  Petitioner—Bakery, Confectionary, Tobacco Workers & Grain Millers’ International Union, Local 19.  Chairman Murphy and Members Prouty and Mayer participated.

Great Pacific Iron Works  (02-RC-381600)  Manhattan, NY, September 22, 2026.  The Board denied the Employer’s Request for Review of the Regional Director’s Direction of Election.  The Board found that the Regional Director appropriately directed an election in a presumptively appropriate store-wide unit and precluded the Employer from litigating the supervisory status of the classification of Team Leaders at the pre-election hearing due to its failure to timely file and serve its Statement of Position.  Even assuming that the Regional Director should have independently determined the Team Leaders’ alleged supervisory status due to their constituting approximately 28 percent of the unit, the Request for Review only sought a post-election clarification of the status of the Team Leaders, disavowing any request to set aside the election results.  The Board observed that the appropriate mechanism for clarifying an existing unit is a unit clarification (UC) petition, which the Employer has yet to file.  Petitioner—Retail Wholesale Department Store Union (RWDSU).   Chairman Murphy and Members Prouty and Mayer participated.

Northeastern University  (01-RC-313126)  Boston, MA, September 23, 2026. A unanimous Board dismissed the representation case. Having received no responses to its previously issued Notice to Show Cause, the Board had no reason to question the Employer’s claim that the Petitioner had disclaimed interest in representing the unit in question. Petitioner—American Coalition of Public Safety. Chairman Murphy and Members Prouty and Mayer participated.

Pennsylvania American Water Company  (06-RC-382228)  Pittsburgh, PA, September 23, 2026. 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. Petitioner—Pennsylvania American Water Independent Union. Chairman Murphy and Members Prouty and Mayer participated.

C Cases

Inland Waters Pollution Control, Inc.  (07-CA-277239 and 07-CA-279287)  Detroit, MI, September 21, 2026. The Board denied the Respondent’s Motion for Reconsideration of the Board’s Order, reported at 375 NLRB No. 15 (2026).  The Board found that the Respondent had not identified any material error or demonstrated extraordinary circumstances warranting reconsideration.  Charges filed by individuals.  Chairman Murphy and Members Prouty and Mayer participated. 

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Appellate Court Decisions

No Appellate Court Decisions involving Board Decisions to report.

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Administrative Law Judge Decisions

American Automobile Association of Northern California, Nevada & Utah  (32-CA-321155, et al.; JD(SF)–17–26)  Walnut Creek, CA.  Administrative Law Judge Mara-Louise Anzalone issued her decision on September 24, 2026.  Charges filed by International Brotherhood of Teamsters, Local 665. 

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