Tekweld Solutions, Inc. (29-CA-138172; 361 NLRB No. 164) Farmingdale, NY, January 22, 2015.
The Board granted the General Counsel’s motion for summary judgment in this Sec. 8(a)(5) refusal-to-bargain, test-of-certification case on the ground that the Respondent did not raise any issues that were not, or could not have been, litigated in the underlying representation case in which the Union was certified as the bargaining representative. Charge filed by Warehouse Production Sales and Allied Service Employees Union, Local 811. Members Miscimarra, Hirozawa, and Johnson participated.
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R Cases
FedEx Freight, Inc. (06-RC-141025) Bridgeport, West Virginia, January 20, 2015. Order denying 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 City and Road Drivers employed at the Employer’s Bridgeport Terminal. Member Johnson agrees that the unit is appropriate, but would rely on the Board’s traditional community of interest analysis and not express a view on the correctness of Specialty Healthcare and Rehabilitation Center of Mobile, 357 NLRB No. 83 (2011)(subsequent history omitted), and whether the Regional Director correctly applied it here. Petitioner—International Brotherhood of Teamsters Local 175. Chairman Pearce and Members Hirozawa and Johnson participated.
Atlas Roll-Off Corp. (29-RC-114120) Jamaica, New York, January 20, 2015. The Board found merit in the Petitioner’s objection and set aside the rerun election held on September 3, 2014 (a prior election was held on November 20, 2013, but was set aside based on the Petitioner’s objection). The Board agreed with the Regional Director’s Supplemental Report that the list of eligible voters provided by the Employer was missing 32% of the voters and thus was not in compliance with the Board’s rule set out in Excelsior Underwear, Inc., 156 NLRB 1236 (1966). Because the revised tally of ballots showed 8 votes for and 12 against the Petitioner, with 1 challenged ballot, the Board found that the election should be set aside and a third election held. The Board remanded the case to the Regional Director for further appropriate action. Petitioner—Local 175, United Plant & Production Workers, International Union of Journeymen and Allied Trades. Chairman Pearce and Members Miscimarra and Hirozawa participated.
Covanta Honolulu Resource Recovery Venture (20-RC-140392) Honolulu, HI, January 20, 2015. A Board panel majority consisting of Chairman Pearce and Member Hirozawa granted the Employer’s request for special permission to appeal the Regional Director’s direction of a mail ballot election, but denied the appeal on the merits because they found that the Regional Director did not abuse his discretion. Member Miscimarra, dissenting, would find that the ordering of the mail ballot election constituted an abuse of discretion. In the same Order, the Board panel unanimously denied the Employer’s Request for Review of the Acting Regional Director’s Decision and Direction of Election on the ground that it raised no substantial issues warranting review. Member Miscimarra agreed with the denial of review but would apply traditional community of interest standards, and not Specialty Healthcare and Rehabilitation Center of Mobile, 357 NLRB No. 83 (2011)(subsequent history omitted). Petitioner—International Brotherhood of Electrical Workers, Local Union 1260. Chairman Pearce and Members Miscimarra and Hirozawa participated.
FedEx Freight, Inc. (10-RC-136185) Charlotte, NC, January 21, 2015. The Board denied the Employer’s Request for Review as not raising substantial issues regarding whether the Regional Director erred in overruling of the Employer’s objections, which alleged that a Board agent improperly allowed a late-arriving employee to cast an unchallenged ballot. Petitioner—International Brotherhood of Teamsters, Local 71. Chairman Pearce and Members Hirozawa and Johnson participated.
Sheraton Sonoma County – Petaluma (20-UD-121645) Petaluma, CA, January 21, 2015. A Board panel majority consisting of Chairman Pearce and Member Hirozawa denied the individual Petitioner’s Request for Review as not raising substantial issues regarding whether the Acting Regional Director erred in overruling the Petitioner’s objections. The objections alleged that the Union called the Petitioner a racist to sway the vote in its favor and the Union distributed a flyer using the photographs of employees and indicating their support for the Union without their consent. Member Miscimarra, in dissent, stated that he would grant review of the objection concerning the Union’s flyer that included individual pictures of 48 employees with a caption stating, “WE ARE VOTING NO!”, allegedly distributed without the consent of at least some of the pictured employees. Member Miscimarra would find objectionable a union’s disclosure of employees’ intended votes without their express consent. Petitioner—An individual. Union involved—UNITE HERE! Local 2850. Chairman Pearce and Members Miscimarra and Hirozawa participated.
Horseshoe Hammond, LLC (13-RC-140853) Hammond, IN, January 21, 2015, Order denying the Employer’s Request for Review of the Regional Director’s Decision and Direction of Election. The Regional Director found that the senior entertainment technician is not a statutory supervisor, and therefore the position of senior entertainment technician is appropriately included in the unit of all full-time entertainment technicians. Petitioner—International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, its Territories, and Canada, Local 125. Members Miscimarra, Hirozawa, and Johnson participated.
Merrimack College (01-RC-139931) Andover, MA, January 21, 2015. Order denying the Petitioner’s Request for Review as not raising substantial issues regarding whether the Regional Director erred in excluding sergeants as supervisory employees from an election unit consisting of the employees of the Employer’s police department. Petitioner—American Coalition of Public Safety (ACOPS) Local 18. Members Miscimarra, Hirozawa, and Johnson participated.
C Cases
International Union of Operating Engineers, Local 4 (JDC Demolition Company, Inc.) (01-CD-137069 and 01-CD-138333) Salem, MA, January 20, 2015. The Board granted the Motion of the Plan for the Settlement of Jurisdictional Disputes in the Construction Industry Leave to File a Brief Amicus Curiae.
Western Michigan Area Local 281, American Postal Workers Union, AFL-CIO (APWU)(United States Postal Service) (07-CB-134861) Grand Rapids, MI, January 21, 2015. The Board denied the Respondent’s motion for summary judgment, finding that the Respondent had failed to establish that there are no genuine issues of material fact and that it was entitled to judgment as a matter of law. Charge filed by an individual. Chairman Pearce and Members Miscimarra and Hirozawa participated.
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No Appellate Court Decisions involving Board Decisions to report.
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Parkash 751 LLC (29-CA-114742; JD(NY)-07-15) Jamaica, NY and Bronx, NY. Administrative Law Judge Steven Fish issued his decision on January 22, 2015. Charge filed by Local 670, Retail Wholesale Department Store Union, United Food and Commercial Workers.
American Medical Response Ambulance Service, Inc. (28-CA-128440; JD(NY)-06-15) Las Cruces, NM. Administrative Law Judge Joel P. Biblowitz issued his decision on January 22, 2015. Charge filed by National Emergency Medical Services Association.
FirstEnergy Generation, LLC (06-CA-121513; JD-04-15) Shippingport, PA. Administrative Law Judge David I. Goldman issued his decision on January 23, 2015. Charge filed by International Brotherhood of Electrical Workers, Local Union No. 272, AFL-CIO.
Source: NLRB.gov
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