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Cases and Decisions

Cases and Decisions

Summary of NLRB Decisions for Week of September 8 - 11, 2020

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

Holy Cross Health d/b/a Holy Cross Hospital  (05-CA-182154 and 05-CA-187452; 370 NLRB No. 16)  Silver Spring, MD, September 11, 2020.

The Board adopted the Administrative Law Judge’s conclusions that the Respondent violated Section 8(a)(1) by maintaining solicitation-and-distribution policies to the extent they prohibited “discussion about wages, hours and conditions of employment” during working time, limited activity to locations “where [the Respondent] allows [it],” and relied on overinclusive definitions of immediate patient care areas.  The Board also agreed, for different reasons than relied upon by the judge, that one of the policies unlawfully prohibited “solicitation and distribution of literature to patients or visitors at any time by unauthorized persons.”  Member Emanuel would not have found this last violation.

The Board adopted the judge’s conclusions that the Respondent violated Section 8(a)(1) by  unlawfully calling hospital security on employees suspected of union activity and using security officers to confront employees, interrogating employees, and telling employees that it was illegal to discuss the Union at the hospital.  The Board further agreed with the judge, for narrower reasons, that the Respondent unlawfully threatened an employee with more onerous working conditions if the employees unionize and surveilled a gathering of employees to identify union supporters.  The Board found it unnecessary to pass on additional allegations of interrogation and threats of more onerous working conditions.  Member Emanuel would have reversed the judge’s conclusions that the Respondent unlawfully threatened more onerous working conditions.

Charges filed by National Nurses Organizing Committee/National Nurses United (NNOC/NNU), AFL-CIO.  Administrative Law Judge Michael A. Rosas issued his decision on July 21, 2017.  Chairman Ring and Members Kaplan and Emanuel participated.

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Wilkes-Barre Behavioral Hospital Co., LLC d/b/a First Hospital Wyoming Valley  (04-CA-215690; 370 NLRB No. 17)  Kingston, PA, September 11, 2020.

The Board adopted the Administrative Law Judge’s conclusion that the Respondent violated Section 8(a)(5) and (1) by implementing unilateral changes to unit employees’ working conditions on three separate occasions.  The Board adopted the judge’s finding that the Respondent implemented these changes—i.e., two sets of wage increases as well as the remaining terms of its proposed “final offer”—before the parties were at an impasse in contract negotiations.  The Board modified the judge’s recommended affirmative bargaining order to include a modified bargaining order, the appropriate remedy for unlawful unilateral change violations.

Charge filed by Service Employees International Union Healthcare Pennsylvania, CTW, CLC.  Administrative Law Judge Geoffrey Carter issued his decision on November 5, 2019 (Errata issued February 19, 2020).  Chairman Ring and Members Kaplan and Emanuel participated.

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Registry of Interpreters for the Deaf, Inc.  (20-CA-164088; 370 NLRB No. 18)  San Francisco, CA, September 11, 2020.

The Board reversed the Administrative Law Judge’s conclusion that the Respondent violated Section 8(a)(1) by maintaining two workplace policies that covered the Respondent’s members, who were not its employees, and dismissed the complaint.  The Board found that the Respondent does not have an employment relationship or employment-like relationship with its members, including those who are employees under the Act (employee members)—i.e., the employee members are not employed by the Respondent or by a contractor or member of the Respondent, they do not work on the Respondent’s (real or electronic) property, and they do not perform work integral to the Respondent’s business or receive compensation for their work from the Respondent.  Based on the stipulated record, the Board concluded that the Respondent does not have control, even indirectly, over the employee members’ wages, hours, or working conditions; accordingly, the Respondent’s policies applicable to its employee members as members do not affect their Section 7 rights as employees.

Charge filed by Pacific Media Workers Guild, Local 39521.  Administrative Law Judge Joel P. Biblowitz issued his decision on December 29, 2016.  Chairman Ring and Members Kaplan and Emanuel participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Rising Ground  (02-RC-264192)  Bronx, NY, September 8, 2020.  The Board denied the Employer’s Request for Review of the Regional Director’s Order Directing Mail Ballot Election as it raised no substantial issues warranting review.  The Employer had asserted that the Regional Director failed to provide a sufficient basis for overcoming the Board’s presumption in favor of manual elections, and instead relied on a generalized discussion of COVID-19 risks.  In finding that a mail-ballot election is warranted, the Board relied on the extraordinary circumstances resulting from the COVID-19 pandemic and noted that it would continue to consider whether to hold manual elections based on the circumstances prevailing in the relevant Board region, including the suggested protocols set forth in the General Counsel’s recent memorandum 20-10.  The Board stated that it is open to addressing the normal criteria for mail balloting in a future appropriate proceeding.  The Board also denied the Employer’s Emergency Motion to Stay the Mail Ballot Election as moot.  Petitioner—Warehouse Production Sales and Allied Service Employees Union Local 811, AFL-CIO.  Members Kaplan, Emanuel, and McFerran participated.

Paragon Systems Inc.  (21-RC-262136)  Los Angeles, CA, September 10, 2020.  The Board denied the Intervenor’s Request for Review of the Regional Director’s Order Denying Intervenor’s Motion to Dismiss Petition and Decision and Direction of Election as it raised no substantial issues warranting review.  The Board also denied the Intervenor’s request for a stay of the proceedings as moot.  Petitioner—Law Enforcement Officers Security Unions LEOSU-CA, LEOS-PBA.  Intervenor—International Union, Security, Police and Fire Professionals of America) and its affiliated Local 3.  Members Kaplan, Emanuel, and McFerran participated.

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

No Administrative Law Judge Decisions Issued.

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