Summary of NLRB Decisions for Week of November 20 - 24, 2017

HMR3-7141 LLC d/b/a Carl’s Jr.  (31-CA-192343, et al.; 365 NLRB No. 148)  Los Angeles, CA, November 21, 2017.

The Board granted the General Counsel’s Motion for Default Judgment based on the Respondent’s failure to file an answer to the consolidated complaint and compliance specification.  The Board found that the Respondent violated Section 8(a)(1) by prohibiting employees from speaking with union representatives, interrogating employees about their protected concerted activities, prohibiting employees from speaking with other coworkers about their terms and conditions of employment, threatening employees with job loss for engaging in protected concerted activities, soliciting grievances from employees, and instructing employees to speak with the Respondent’s owner concerning complaints about their terms and conditions of employment rather than speaking with others.  The Board also found that the Respondent violated Section 8(a)(3) by reducing the scheduled hours of an employee because he engaged in union activity, and to discourage employees from engaging in these activities.


Charges filed by Los Angeles Workers Organizing Committee.  Members McFerran, Kaplan, and Emanuel participated.

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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases

R Cases

Schuylkill Medical Center South Jackson Street d/b/a Lehigh Valley Hospital – Schuylkill South Jackson Street  (04-UC-200537 and 04-UC-200541)  Pottstown, PA, November 24, 2017.  The Board denied the Employer’s Request to Stay the decision in which the Regional Director found the employees at issue constitute an accretion to the existing unit.  Petitioner – SEIU Healthcare Pennsylvania.  Members Pearce, McFerran, and Kaplan participated.

C Cases

Kauai Veterans Express Co.  (20-CA-193339)  Lihue, HI, November 21, 2017.  The Board denied the Respondent’s Motion for Partial Summary Judgment, finding that the Respondent failed to establish that there are no genuine issues of material fact warranting a hearing and that it is entitled to partial summary judgment as a matter of law.  Charge filed by Operating Engineers Local Union No. 3.  Members McFerran, Kaplan, and Emanuel 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

Colorado Symphony Association  (27-CA-195026; JD(SF)-49-17)  Denver, CO.  Administrative Law Judge Jeffrey D. Wedekind issued his decision on November 20, 2017.  Charge filed by Denver Musicians Association, Local 20-623, American Federation of Musicians.

National Indemnity Company  (14-CA-182175; JD-90-17)  Omaha, NE.  Administrative Law Judge Elizabeth M. Tafe issued her decision on November 20, 2017.  Charge filed by an individual.

Communication Workers of America, AFL-CIO, Local 1101  (02-CB-176719; JD(NY)-18-17)  New York, NY.  Administrative Law Judge Mindy E. Landow issued her decision on November 21, 2017.  Charge filed by an individual.

CBRE, Inc.  (21-CA-182368; JD(SF)-50-17)  Los Angeles, CA.  Administrative Law Judge John T. Giannopoulos issued his decision on November 24, 2017.  Charge filed by an individual.

Source: NLRB