No published Board Decisions issued.
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
FedEx Freight, Inc. (04-RC-134614) Croydon, Pennsylvania, October 14, 2014.
The Board denied the Employer’s Request for Review as not raising substantial issues regarding whether the Regional Director erred in directing an election in a unit consisting of the Employer’s City and Road Drivers employed at the Employer’s East Philadelphia Terminal. The Employer contended that, because the petitioned-for drivers perform a substantial amount of dockwork and hostling work, the appropriate unit must include dockworkers. Member Johnson agreed that the petitioned-for unit limited to drivers is appropriate, but he would rely on the Board’s traditional community of interest analysis and found it unnecessary to express a view on the correctness of Specialty Healthcare and Rehabilitation Center of Mobile, 357 NLRB No. 83 (2011)(subsequent history omitted). Petitioner— International Brotherhood of Teamsters Local 107. Chairman Pearce, and Members Johnson and Schiffer participated.
Berkeley Bowl Produce, Inc. (32-RC-103811) Berkeley, CA, October 15, 2014. Order denying the Petitioner’s appeal of the Regional Director’s Lufkin language (Lufkin Rule Co., 147 NLRB 341 (1964)) in the Stipulation to Set Aside Election (and in his Revised Stipulation), and his decision to hold the rerun election on the Employer’s premises. The Board noted that while the Regional Director’s treatment of the available facts and arguments regarding the election location and his application of the Board’s decision in 2 Sisters Food Group, 357 NLRB No. 168 (2011), was markedly brief, the Petitioner had not demonstrated that the Regional Director abused his discretion by deciding to hold the rerun election on the Employer’s premises. Petitioner—United Food and Commercial Workers, Local 5. Chairman Pearce, and Members Johnson and Schiffer participated.
Action Environmental Systems, LLC, Action Environmental Solutions, LLC and Action Carting Environmental Service, Inc. (02-RC-126999) Bronx and Brooklyn, NY, October 16, 2014. The Board adopted the hearing officer’s recommendation to overrule an objection by an incumbent union alleging that a rival union paid employees for their votes in an election resulting in the rival’s prevailing in the election. The hearing officer found no evidence that any payments had been made, and discredited testimony that a representative of the rival union had stated he was making such payments. Accordingly, the Board certified the Petitioner, Waste Material Recycling & General Industrial Laborers Local 108, LIUNA, as the exclusive collective-bargaining representative of the employees in the appropriate unit. Intervenor Union—Local 660, United Workers of America. Chairman Pearce, and Members Johnson and Schiffer participated.
C Cases
Calumet River Fleeting, Inc. (13-CA-127122) Chicago, IL, October 14, 2014. Order approving a formal settlement stipulation between the Respondent Employer, the Charging Party Union, and the General Counsel, and specifying the actions the Employer must take to comply with the National Labor Relations Act. Charge filed by International Longshoremen’s Association, Local 2070, GLDC-ACD, AFL-CIO. Chairman Pearce, and Members Johnson and Schiffer participated.
Fresh & Easy Neighborhood Market (31-CA-077074 and 080734) El Segundo, CA, October 15, 2014. A Board panel rejected the Charging Party Union’s Motion for Reconsideration of the Board’s decision in Fresh and Easy Neighborhood Market, 361 NLRB No. 8 (2014), finding that the Union had not identified any material error or shown “extraordinary circumstances” warranting reconsideration of the Board’s decision. The Union had requested that the Board reconsider its request for a broad order in light of the Board’s decision in Fresh and Easy Neighborhood Market, Inc., 361 NLRB No. 12 (2014), which involved the same Respondent. The Union argued that the unlawful confidentiality rule in that case was another incident of continuing violations by the Respondent. Member Johnson adhered to his dissent in the underlying decision, but agreed that the Union had not presented "extraordinary circumstances" warranting reconsideration of that decision. Charges filed by United Food and Commercial Workers International Union. Chairman Pearce, and Members Johnson and Schiffer participated.
Eastern Concrete Cutting Corp. (02-CA-128529, et al.) Bronx, NY, October 15, 2014. The Board denied the Employer’s petition to revoke a subpoena duces tecum. The Board found that the subpoena seeks information relevant to the matters under investigation and describes with sufficient particularity the evidence sought, and that the Employer failed to establish any other legal basis for revoking the subpoena. Charges filed by individuals. Members Hirozawa, Johnson and Schiffer participated.
Covenant Care California, LLC and Covenant Care La Jolla, LLC (21-CA-090894) Aliso Viego, CA, October 15, 2014. The Board denied the Charging Party and the Respondents’ joint motion to remand the case to the Regional Director for the purpose of having the Regional Director approve the withdrawal of the charge in light of the non-Board settlement agreement reached by the Charging Party and the Respondents. In opposing the motion, Counsel for the General Counsel asserted that the Regional Director has reviewed the non-Board settlement and has determined that deferral to the settlement is not warranted. The Board found that, without reaching the merits of the underlying case, because the Regional Director would not approve a request to withdraw the charge, a remand of this matter would cause unnecessary delay and would not effectuate the purposes of the Act. Charge filed by an individual. Members Hirozawa, Johnson, and Schiffer participated.
Paragon Systems, Inc. (20-CA-128537) Sacramento, CA, October 16, 2014. Decision and Order approving a formal settlement stipulation between the Respondent Employer, the Charging Party Union, and the General Counsel, and specifying the actions the Employer must take to comply with the National Labor Relations Act. Charge filed by United Government Security Officers of America, Local 223. Members Hirozawa, Johnson, and Schiffer participated.
United States Postal Service (07-CA-099915) Algonac, Marine City, Mt. Clemens, and New Baltimore, Michigan, October 17, 2014. Order approving a formal settlement stipulation between the Respondent Employer, the Charging Party Union, and the General Counsel, and specifying the actions the Employer must take to comply with the National Labor Relations Act. Charge filed by Branch 654, National Association of Letter Carriers (NALC), AFL-CIO. Chairman Pearce, and Members Johnson and Schiffer participated.
AirServ Corp. (18-CA-118908 and 124492) Minneapolis, MN, October 17, 2014. The Board denied the Employer’s petition to revoke a subpoena duces tecum. The Board found that the subpoena sought information relevant to the matter under investigation and described with sufficient particularity the evidence sought. Further, the Board held that the Employer failed to establish any other legal basis for revoking the subpoena. The Board evaluated the subpoena as modified by the Region’s agreement that documents protected by the Transportation Security Administration or otherwise protected by federal laws need not be produced. The Board also limited paragraphs 13 through 15 of the subpoena to the requested documents that are in effect currently and those that were in effect at any time within the 6 months preceding the Employer’s commencement of operations at MSP airport in October 2013. In addition, Member Johnson noted that the Employer's reply brief raises some nonfrivolous concerns regarding the Board's practice with regard to granting reasonable extensions of time for responding to discovery requests. In situations, such as that present here, where a party has represented to the Board that extenuating circumstances are interfering with its ability to compile information by a certain deadline, Member Johnson would urge the General Counsel to take a more lenient approach in granting reasonable extensions. Also, although Member Johnson found that the General Counsel had satisfied relevancy concerns over the issue here, given the extant precedent on NMB deferral, see United Parcel Service, 318 NLRB 778 (1995), in the event that the General Counsel seeks future information from the Employer in furtherance of some new deferral test, Member Johnson would also urge that the General Counsel clearly spell out to the Employer what that test is, so the Employer can adjudge whether or not a petition to revoke on relevance grounds is warranted. Charges filed by Service Employees International Union, Local 26. Chairman Pearce, and Members Johnson and Schiffer participated.
Little Rock Charity Care Center, Inc. d/b/a Lakeshore Healthcare-Woodward Campus (07-CA-127221) Detroit, MI, October 17, 2014. Decision and Order approving a formal settlement stipulation between the Respondent Employer, the Charging Party Union, and the General Counsel, and specifying actions the Employer must take to comply with the National Labor Relations Act. Charge filed by SEIU Healthcare Michigan. Members Hirozawa, Johnson, and Schiffer participated.
Cesco Plant, Cerco LLC (09-CA-132207) Crooksville, OH, October 17, 2014. The Board vacated its prior Order Transferring and Notice to Show Cause, and granted the General Counsel’s motion to withdraw his previously-filed motion for default judgment. Charge filed by Glass Molders Pottery Plastics & Allied Workers Local 207A.
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Appellate Court Decisions
No Appellate Court Decisions involving Board Decisions to report.
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Administrative Law Judge Decisions
Angelica Textile Services, Inc. (12-CA-118367; JD(ATL)-28-14) Holly Hill, FL. Administrative Law Judge William Nelson Cates issued his decision on October 15, 2014. Charge filed by International Brotherhood of Teamsters, Local Union No. 385.
United States Postal Service (21-CA-120046(P); JD(NY)-42-14) Anaheim, CA. Administrative Law Judge Joel P. Biblowitz issued his decision on October 15, 2014. Charge filed by an individual.
Bristol Farms (21-CA-103030; JD(SF)-51-14) Los Angeles, CA. Administrative Law Judge Lisa Thompson issued her decision on October 17, 2014. Charge filed by an individual.
AWG Ambassador, LLC (28-CA-118801; JD(SF)-52-14) Las Vegas, NV. Administrative Law Judge Eleanor Laws issued her decision on October 17, 2014. Charge filed by an individual.
Source: NLRB.gov
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