CNN America, Inc. and Team Video Services, LLC (05-CA-031828 and 033125; 361 NLRB No. 47) Washington, DC, September 15, 2014.
This case concerns CNN’s 2003-2004 replacement of its unionized subcontractor Team Video Services (TVS), which provided audio and video technicians, with an in-house nonunion work force at its Washington, DC, and New York City bureaus. A Board majority (Chairman Pearce and Member Hirozawa, Member Miscimarra dissenting), affirmed the judge’s findings that CNN and TVS were joint employers of the unit employees at both bureaus, that, as a joint employer, CNN was obligated to comply with the terms of the collective-bargaining agreements between TVS and National Association of Broadcast Employees and Technicians-Communications Workers of America, Locals 11 and 31, and that CNN’s failure to do so violated Section 8(a)(5) and (1) the Act. The same majority also found that CNN violated Section 8(a)(3) and (1) of the Act by terminating the subcontracts with TVS out of antiunion animus and thereby causing the discharge of TVS' employees, and by failing to bargain with the Unions about the decision to terminate the subcontracts and the effects of that decision.
The Board unanimously affirmed the judge’s findings that CNN became a Burns successor upon its takeover of the subcontracted work at the Washington, DC and New York City bureaus and that by the foregoing conduct, its subsequent failure to recognize and bargain with the Unions, and its unilateral changes in the employees’ terms and conditions it violated Section 8(a)(5) and (1) of the Act. The Board (Member Miscimarra dissenting) also found that, as a successor, CNN violated Section 8(a)(3) and (1) of the Act by implementing a hiring plan designed to limit the number of TVS’ employees in order to avoid its successorship bargaining obligation. Finally, the Board unanimously affirmed the judge’s finding that TVS’ shift supervisors were bargaining unit employees, not statutory supervisors, and that four CNN managers violated the Act by making various “no-union” statements to TVS employees (Member Miscimarra dissented from finding that one of those no-union statements was unlawful).
Charges filed by National Association of Broadcast Employees and Technicians, AFL-CIO (NABET) Locals 11 and 31. Administrative Law Judge Arthur J. Amchan issued his decision on November 19, 2008. Chairman Pearce and Members Miscimarra and Hirozawa participated.
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Little River Band of Ottawa Indians Tribal Government (07-CA-051156; 361 NLRB No. 45) Manistee, MI, September 15, 2014.
In view of the Supreme Court’s decision in NLRB v. Noel Canning, 134 S. Ct. 2550 (2014), the Board considered this case de novo. To the extent and for the reasons stated in the now vacated Decision and Order reported at 359 NLRB No. 84, which was incorporated by reference, the Board found that the Little River Band of Ottawa Indians Tribal Government is subject to the Board’s jurisdiction and that it violated the Act by maintaining and publishing certain provisions of its Fair Employment Practices Code and related regulations which, by their express terms, apply to the employees of the Little River Casino Resort, a wholly owned commercial gaming enterprise, and govern the rights of those employees to organize and bargain collectively. Charge filed by Local 406, International Brotherhood of Teamsters. Chairman Pearce and Members Hirozawa and Schiffer participated.
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CNN America, Inc. and Team Video Services, LLC (05-CA-031828 and 033125; 361 NLRB No. 47) Washington, DC, September 16, 2014. Corrections to September 15, 2014 decision.
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Lederach Electric, Inc. (04-CA-037725; 361 NLRB No. 21) Lederach, PA, September 16, 2014. Corrections to August 19, 2014 decision.
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Leader Communications, Inc. (17-CA-069008; 361 NLRB No. 28) Oklahoma City, OK, September 16, 2014. Corrections to August 20, 2014 decision.
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Mike-Sell’s Potato Chip Co. (09-CA-072637; 361 NLRB No. 23) Dayton, OH, September 16, 2014. Corrections to August 15, 2014 decision.
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Fresh & Green’s of Washington, D.C., LLC (05-CA-065595; 361 NLRB No. 35) Washington, DC, September 16, 2014. Corrections to August 29, 2014 decision.
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Gates & Sons Barbeque of Missouri, Inc. (14-CA-110229; 361 NLRB No. 46) Kansas City, MO, September 16, 2014.
The Board adopted the judge’s finding that the employer violated the Act by discontinuing employees’ meal benefit because employees had engaged in a protected strike. Administrative Law Judge Paul Bogas issued his decision on June 17, 2014. The charge was filed by Workers’ Organizing Committee, Kansas City. Chairman Pearce and Members Hirozawa and Johnson participated.
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United Food & Commercial Workers International Union Local 700 (Kroger Limited Partnership) (25-CB-008896; 361 NLRB No. 39) Crawfordsville, IN, September 17, 2014. Corrections to September 10, 2014 decision.
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Dover Energy, Inc., Blackmer Division (07-CA-094695; 361 NLRB No. 48) Grand Rapids, MI, September 17, 2014.
A Board panel majority consisting of Chairman Pearce and Member Hirozawa found that the Respondent violated Section 8(a)(1) by warning an employee that future “similar” information requests could result in discipline, because the employee would reasonably understand the warning to threaten discipline for union or concerted protected activities. Member Miscimarra, dissenting, would have affirmed the judge’s dismissal of the complaint, because, in his view, a reasonable employee in the employee’s situation would not have understood the Respondent’s warning to threaten future discipline over legitimate information requests. Charge filed by an individual. Administrative Law Judge Keltner W. Locke issued his decision on December 24, 2013. Chairman Pearce and Members Miscimarra and Hirozawa participated.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
Illinois Central School Bus, LLC (13-RC-127807) Blue Island, IL, September 16, 2014. No exceptions having been filed to the hearing officer’s disposition on objections to an election held June 4, 2014, the Board did not certify International Brotherhood of Teamsters, Local Union No. 777 as the exclusive collective-bargaining representative of the bargaining unit employees. Petitioner-International Brotherhood of Teamsters, Local Union No. 777.
C Cases
Armour-Eckrich Meats, LLC (14-CA-117650) Omaha, NE, September 16, 2014. No exceptions having been filed to the August 4, 2014 decision of Administrative Law Judge Joel P. Biblowitz finding that Respondent did not engage in certain unfair labor practices, the Board adopted his findings and ordered the complaint dismissed. Charge filed by an individual.
International Union of Operating Engineers, Local 18 (Precision Pipeline, LLC) (09-CB-109639 and 118659) Red Lion, OH, September 16, 2014. Intervenor’s Motion to Strike is denied.
Hoyt Transportation Corp. (29-CA-100895 and 101089) New York, NY, September 17, 2014. Having granted Respondent’s request to withdraw its September 16, 2014 exceptions to the September 20, 2013 decision of Administrative Law Judge Raymond P. Green, the Board adopted his findings and conclusions and ordered Respondent to take the action set forth in the Order. Charges filed by Local 1181-1061, Amalgamated Transit Union, AFL-CIO.
United States Postal Service (24-CA-105974 and 12-CA-113503, et al.) San Juan and Cataño, PR, September 17, 2014. Order approving a formal settlement stipulation between the employer and the General Counsel, and specifying actions the employer must take to comply with the National Labor Relations Act. Charges filed by American Postal Workers Union, Local 1070, AFL-CIO, and National Association of Letter Carriers, Branch 869, AFL-CIO. Members Hirozawa, Johnson, and Schiffer participated.
Intertape Polymer Corp. (11-CA-077869, et al.) Columbia, SC, September 18, 2014. Order denying Respondent’s motion for reconsideration of the Board’s Decision and Order reported at 360 NLRB No. 114 (2014). Charge filed by United Steel, Paper & Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO-CLC. Members Miscimarra, Hirozawa, and Schiffer 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
EF International Language Schools, Inc. (20-CA-120999; JD(SF)-42-14) San Francisco, CA. Administrative Law Judge Mary Miller Cracraft issued her decision on September 15, 2014. Charge filed by an individual.
Palm Beach Metro, LLC and its alter ego Metro Mobility Management Group, LLC (12-CA-025842; JD(Atl)-26-14) West Palm Beach, FL. Administrative Law Judge Robert A. Ringler issued his decision on September 17, 2014.
United States Postal Service, Pine Street Station Post Office (20-CA-111346; JD(SF)-44-14) San Francisco, CA. Administrative Law Judge Gerald M. Etchingham issued his decision on September 18, 2014. Charge filed by an individual.
M & J Bus, Inc. (01-CA-110383; JD(NY)-38-14) Old Saybrook, CT. Administrative Law Judge Steven Davis issued his decision on September 19, 2014. Charges filed by United Food and Commercial Workers Union, Local 1459.
Source: NLRB
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