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Cases and Decisions

Cases & Decisions

Summary of NLRB Decisions for Week of September 6 - 9, 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

Xcel Protective Services, Inc.  (19-CA-232786, et al.; 371 NLRB No. 134)  Seattle, WA, September 8, 2022.

The Board adopted the Administrative Law Judge’s conclusion that the Employer violated Section 8(a)(1) by discharging an employee in retaliation for his protected concerted activity of presenting safety concerns about the Employer’s equipment-certification practices to the Employer’s client.  Dissenting, Member Ring would have found the employee’s actions unprotected because the employee did not adequately apprise the client of the existence of a labor dispute involving terms and conditions of employment.  The Board also adopted the judge’s dismissal of the allegation that the Employer violated Section 8(a)(1) by constructively discharging another employee in retaliation for his involvement in the same protected concerted activity.

Charges filed by International Union, Security, Police, and Fire Professionals of America, Local 5.  Administrative Law Judge John T. Giannopoulos issued his decision on December 7, 2020.  Chairman McFerran and Members Ring and Wilcox participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Prime Healthcare Anaheim, LLC, d/b/a West Anaheim Medical Center  (21-RC-294677)  Anaheim, CA, September 7, 2022.  The Board denied the Petitioner’s Request for Review of the Regional Director’s Order Directing Hearing and Notice of Hearing on Challenges as it raised no substantial issues warranting review.  Petitioner—California Nurses Association/National Nurses Organizing Committee (CNA/NNOC).  Chairman McFerran and Members Kaplan and Ring participated.

Recology Auburn Placer  (20-RC-296708)  Auburn, CA, September 8, 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—Teamsters Local 150.  Members Ring, Wilcox, and Prouty participated.

C Cases

Brinderson LLC  (27-CA-270623 and 27-RC-268059)  Billings, MT, September 8, 2022.  No exceptions having been filed to the July 26, 2022 decision of Administrative Law Judge Lisa D. Ross’ 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 Plumbers and Pipefitters Union Local 30, a/w United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, 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

The Riverview Nursing Facility, LLC, d/b/a The Riverview Care Center  (14-CA-265341 and 14-CA-265900; JD-53-22)  St. Louis, MO.  Administrative Law Judge Paul Bogas issued his decision on September 6, 2022.  Charges filed by SEIU Healthcare MO and KS, a Division of SEIU Healthcare Illinois/Indiana, a/w Service Employees International Union (SEIU).

Metro Health, Inc., d/b/a Hospital Metropolitano Rio Piedras  (12-CA-279497; JD-54-22)  San Juan, PR.  Administrative Law Judge Ira Sandron issued his decision on September 8, 2022.  Charge filed by Unidad Laboral de Enfermeras(OS) y Empleados de la Salud.

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