Republic Silver State Disposal, Inc., d/b/a Republic Services of Southern Nevada, and Republic Dumpco, Inc. (28-RC-192859; 365 NLRB No. 145) Las Vegas, NV, October 30, 2017.
The Board denied the Employers’ Request for Review of the Regional Director’s Decision and Direction of Election as it raised no substantial issues warranting review. The Board rejected the Employers’ argument that a self-determination election was not appropriate in the voting group directed by the Regional Director (a group broader than that originally sought by the Petitioner)—rejecting the Employers’ contention that the Board should apply its framework set out in Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB 934 (2011) and Odwalla, Inc., 357 NLRB 1608 (2011), and noting that neither of those decisions involved self-determination elections. The Board also rejected the Employers’ contention that a self-determination election was not appropriate because the unrepresented employees constituted a separate, appropriate unit. The Board majority (Members Pearce and McFerran) found that the Regional Director acted appropriately under Section 3(b) and Section 10269 of the Board’s Election Rule in issuing a certification of representative prior to the Board’s final resolution of election-related issues. Chairman Miscimarra disagreed, finding that the Election Rule contemplates only that a Regional Director should proceed to an election despite a pending request for review. He also expressed his continuing disagreement with the Specialty Healthcare decision and the Board’s Election Rule.
Petitioner – International Brotherhood of Teamsters, Chauffeurs, Warehousemen, Local 631. Chairman Miscimarra and Members Pearce and McFerran and participated.
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The Board granted the General Counsel’s Motion for Partial Summary Judgment in this compliance proceeding on the basis that the Respondents’ answer to the amended compliance specification attempted to raise matters that had already been decided.
Charge filed by an individual. Chairman Miscimarra and Members Pearce and Kaplan participated.
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R Cases
No Unpublished R Cases Issued.
C Cases
Flight Services & Systems, Inc. (01-CA-183911, et al.) Boston, MA, November 13, 2017. The Board denied the Respondent’s Motion for Summary Judgment or to Dismiss the Complaint. The Board found that the Respondent failed to establish that there are no genuine issues of material fact concerning whether it is within the Board’s jurisdiction, and that it is entitled to judgment as a matter of law. The denial was without prejudice to the Respondent’s right to renew its arguments to the Administrative Law Judge and before the Board on any exceptions that may be filed to the judge’s decision, if appropriate. Chairman Miscimarra concurred, finding that the General Counsel and the Union described in reasonably concrete terms why, based on material facts that are genuinely in dispute, a hearing is required. Charges filed by 32BJ SEIU New England 615. Chairman Miscimarra and Members Pearce and Kaplan participated.
HF Management Services, LLC a/k/a Healthfirst (10-CA-186533) Charlotte, NC, November 13, 2017. No exceptions having been filed to the September 14, 2017 decision of Administrative Law Judge Donna N. Dawson’s finding that the Respondent had not engaged in certain unfair labor practices, the Board adopted the judge’s findings and conclusions, and dismissed the complaint. Charge filed by an individual.
Nissan North America, Inc. (10-CA-198732) Symrna, TN, November 16, 2017. The Board denied the Respondent’s Motion to Dismiss, and noted that its alternative Motion for a Bill of Particulars is not before the Board and has been transferred to the Division of Judges for consideration. The Board found that the Respondent had not demonstrated that the complaint fails to state a claim upon which relief can be granted and that it is entitled to judgment as a matter of law. In addition, the Board rejected the Acting General Counsel’s argument that the motions were untimely filed under the Federal Rules of Civil Procedure, noting that the motions were timely under the Board’s Rules and Regulations, which govern in Board proceedings. Charge filed by an individual. Members Pearce, McFerran, and Kaplan participated.
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No Appellate Court Decisions involving Board Decisions to report.
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Menard, Inc. (18-CA-181821; JD-92-17) Minneapolis, MN. Administrative Law Judge Paul Bogas issued his decision on November 17, 2017. Charge filed by Local 153, Office & Professional Employees International Union, AFL-CIO.
Source: NLRB
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