Summary of NLRB Decisions for Week of December 11 - 15, 2017

UPMC and its subsidiary, UPMC Presbyterian Shadyside, single employer, d/b/a UPMC Presbyterian Hospital and d/b/a UPMC Shadyside Hospital  (06-CA-102465, et al.; 365 NLRB No. 153)  Pittsburgh, PA, December 11, 2017.

A full Board majority consisting of Chairman Miscimarra and Members Kaplan and Emanuel affirmed the Administrative Law Judge’s supplemental decision granting UPMC’s partial motion to dismiss a single-employer allegation against UPMC, based on UPMC’s offer to guarantee the performance by Presbyterian Shadyside of any remedy ultimately ordered against Presbyterian Shadyside.  This case involves a complaint against UPMC and its subsidiary Presbyterian Shadyside, based on unfair labor practices allegedly committed by Presbyterian Shadyside.  The majority found, as did the judge, that UPMC’s offer to act as guarantor of any remedies ultimately awarded against Presbyterian Shadyside effectuates the purposes of the National Labor Relations Act and that the judge properly accepted the proffered terms in settlement of the single-employer allegation against UPMC.  In doing so, the majority overruled United States Postal Service, 364 NLRB No. 116 (2016) (Postal Service), where a divided Board held that the appropriate

EMPLOYER COSTS FOR EMPLOYEE COMPENSATION – SEPTEMBER 2017

Employer costs for employee compensation averaged $35.64 per hour worked in September 2017, the U.S. Bureau of Labor Statistics reported today. Wages and salaries averaged $24.33 per hour worked and accounted for 68.3 percent of these costs, while benefit costs averaged $11.31 and accounted for the remaining 31.7 percent. Total employer compensation costs for private industry workers averaged $33.55 per hour worked in September 2017. Total employer compensation costs for state and local government workers averaged $48.78 per hour worked in September 2017.

Highlights of employer compensation costs per hour worked for state and local government workers, September 2017:

• State and local government employers spent an average of $48.78 per hour worked for employee total compensation.

• Employer costs for wages and salaries averaged $30.54 per hour and accounted for 62.6 percent of compensation costs. (See table 3.)

• Employer costs for benefits averaged $18.24 per hour worked and accounted for the remaining 37.4 percent. (See table 3.)

• Employer costs by occupational group ranged from $33.64 per hour worked for sales and office workers to $58.76 per hour worked for management, professional, and related workers.

This major occupational group includes teachers, whose compensation costs averaged $64.77 per hour worked. Service workers averaged $35.59. (See table 4.)

• Employers spent $5.56 per hour worked, or 11.4 percent of total compensation for retirement and savings benefits. (See table 3.)

• Employer costs for retirement and savings for management, professional, and related workers averaged $6.68 per hour worked. Employer costs for retirement and savings for sales and office workers averaged $3.44, and service workers averaged $4.48. (See table 4.)

• Included in retirement and savings benefits were employer costs for defined benefit plans, which averaged $5.16 per hour (10.6 percent of total compensation), and defined contribution plans, which averaged 39 cents (0.8 percent). (See chart 2 and table 3.)

• Insurance benefit costs averaged $5.80 per hour, or 11.9 percent of total compensation.

The largest component of insurance costs was health insurance, which averaged $5.65, or 11.6 percent of total compensation. (See chart 2 and table 3.)

• Employer costs for paid leave include vacation, holiday, sick leave, and personal leave.

The average cost for paid leave was $3.68 per hour worked for state and local government employees. (See table 3.)

• Employer costs for legally required benefits, including Social Security, Medicare, unemployment insurance (both state and federal), and workers’ compensation, averaged $2.71 per hour worked. (See table 3.)

Benefit costs in private industry.

Private industry employer costs for paid leave averaged $2.32 per hour worked or 6.9 percent of total compensation, supplemental pay averaged $1.19 or 3.6 percent, insurance benefits averaged $2.68 or 8.0 percent, retirement and savings costs averaged $1.39 or 4.1 percent, and legally required benefits averaged $2.62 per hour worked or 7.8 percent. (See table A and table 5.)

Table A.  Relative importance of employer costs for employee compensation, September 2017

Compensation                         Civilian       Private      State and local

  component                             workers(1)     industry       government

____________________________________________________________________________

Wages and salaries                  68.3%          69.6%            62.6%

Benefits                                   31.7           30.4             37.4

   Paid leave                            7.0            6.9              7.5

   Supplemental pay                 3.1            3.6              1.0

   Insurance                             8.7            8.0             11.9

     Health                                8.3            7.5             11.6

   Retirement and savings         5.5            4.1             11.4

     Defined benefit                   3.5            1.9             10.6

     Defined contribution           2.0            2.2              0.8

   Legally required                   7.4            7.8              5.6

_____________________________________________________________________________ 1 Includes workers in the private nonfarm economy except those in private households, and

     workers in the public sector, except the federal government.

• Technical Note
• Table 1. Civilian workers, by major occupational and industry group
• Table 2. Civilian workers, by occupational and industry group
• Table 3. State and local government, by major occupational and industry group
• Table 4. State and local government, by occupational and industry group
• Table 5. Private industry, by major occupational group and bargaining unit status
• Table 6. Private industry, by major industry group
• Table 7. Private industry, by census region and division
• Table 8. Private industry, by establishment employment size
• Table 9. Private industry, goods-producing and service-providing industries, by occupational group
• Table 10. Private industry, by industry group
• Table 11. Private industry, by occupational group and full-time and part-time status
• Table 12. Private industry, by industry group and full-time and part-time status
• Table 13. Private industry, by major industry group and establishment employment size and bargaining unit status
• Table 14. Private industry, health care and social assistance workers, by industry and occupational group
• HTML version of the entire news release

The PDF version of the news release

Supplemental Files Table of Contents

Table of Contents 

Source: BLS

 

Wolf distributes $35M for real estate projects in Philadelphia

Pennsylvania has earmarked $35.6 million from its Redevelopment Assistance Capital Program for more than two dozen projects in Philadelphia. 

The largest amount, $5 million, was given to Mission First Housing Group for the first phase of a $50 million project called New Market West, which is a is a four-story, 90,000-square-foot building that will house retail space and community services at 5901 Market St. in West Philadelphia.

Another $3 million was approved for the renovation and development of an industrial manufacturing center at the Philadelphia Navy Yard. The facility will accommodate equipment involved in the manufacturing of maritime and defense products. 

Camden has a new development czar, and he feels the stars are finally aligning for the city

Kris Kolluri, CEO-select of Camden’s most ambitious economic development organization, says he vividly recalls the first time we spoke. It was 2015 and a brand-new, locally owned restaurant called Newtown Kitchen was being forced to relocate due to an “eds and meds” project.

Says Kolluri, who starts his Cooper’s Ferry Partnership job on Jan. 15: “You gave me an earful.”
So I suppose it’s only fair that fans of the 48-year-old Haddonfield father of two give me an earful as well.

RACP AWARDS: Affordable developer's West Philly project is city's biggest recipient of state development grant

Pennsylvania officials have awarded affordable housing developer Mission First Housing Group a $5 million grant to help build a complex of apartments, shops, offices, and early-learning classrooms at 59th and Market Streets in West Philadelphia.

The New Market West project, slated to cover an entire block, was Philadelphia’s biggest recipient of funds from the most recent round of Redevelopment Assistance Capital Program awards, Gov. Wolf’s office said Friday. The release did not include an already announced award from the 2017 RACP round to develop Aramark’s new headquarters at 2400 Market St.

Statewide, 399 projects sought over $1.7 billion in RACP funding in 2017; 149 received grants totaling $187.8 million. New Market West was one of only 17 to have its complete request satisfied.

'Right to work' in Ohio? GOP lawmaker wants voters to choose

COLUMBUS – Undeterred by the acrimonious fight over Senate Bill 5, GOP Rep. John Becker wants voters to choose whether Ohio should become a right-to-work state. 

On Monday, Becker, R-Union Township in Clermont County, announced six proposed constitutional amendments that would restrict unions' ability to organize, pay for operations and recruit new members.

“It’s about freedom for the workers – that nobody should have to support the union," Becker told The Enquirer. "When there is mandated membership, there isn’t much motivation for the unions to be accountable." 

Among the proposals:

• Pass private-sector right to work: No worker at a private business would be required to join a union. Under the current system, employees cannot be forced to join unions. However, state law allows collective bargaining agreements to require "fair share" payments, which are less than union dues.

Toll Bros. gets new permit to demo Jewelers' Row properties

The controversial Jewelers' Row tower proposed by homebuilder Toll Brothers will return to city agencies' agendas now that it has a new permit for the Sansom Street project.

Plans for the 29-story tower appeared to have reached a halt earlier this year, after a poor reception at a February design review meeting and the departure of a Toll VP who was shepherding the project through the approval process. 

A new permit issued by the Department of Licenses and Inspections, however, shows the plan for the mixed-use project on the 700 block of Sansom Street is still on. 

Seaford passes its own right-to-work ordinance, adding traction to countywide proposal

Sussex County Council has officially set the date for a public hearing on the proposed ordinance for right-to-work, which is gaining traction fast as one town in the county has already instituted their own form of the proposal.

Summary of NLRB Decisions for Week of December 4 - 8, 2017

R Cases

Garda CL Atlantic, Inc.  (29-RC-197242)  Queens, NY, December 6, 2017.  The Board denied the Intervenor’s Request for Review of the Acting Regional Director’s Decision and Direction of Election as it raised no substantial issues warranting review.  The Board agreed that documents proffered by the Intervenor did not serve to bar an election.  Petitioner – Special and Superior Officers Benevolent Association.  Intervenor – United Federation of Special Police and Security Officers.  Members Pearce, McFerran, and Emanuel participated.

C Cases

Emerald Correctional Management, L.L.C.  (28-CA-188682 and 28-CA-192201)  San Luis, AZ, December 4, 2017.  No exceptions having been filed to the October 19, 2017 decision of Administrative Law Judge John T. Giannopoulos’ finding that the Respondent had engaged in certain unfair labor practices, the Board adopted the judge’s findings and conclusions, and ordered the Respondent to take the action set forth in the judge’s recommended Order.  Charges filed by an individual and International Guards Union of America.

Good Shepherd Manor, Inc.  (25-CA-191404, et al.)  Bradley, IL, December 4, 2017.  No exceptions having been filed to the October 23, 2017 decision of Administrative Law Judge Michael A. Rosas’ finding that the Respondent had engaged in certain unfair labor practices, the Board adopted the judge’s findings and conclusions, and ordered the Respondent to take the action set forth in the judge’s recommended Order.  Charges filed by American Federation of State, County and Municipal Employees (AFSCME) Council 31, AFL-CIO.

Lundeen Simonson, Inc.  (19-CA-195000)  Spokane, WA, December 4, 2017.  No exceptions having been filed to the October 17, 2017 decision of Administrative Law Judge Jeffrey D. Wedekind’s finding that the Respondent had engaged in certain unfair labor practices, the Board adopted the judge’s findings and conclusions, and ordered the Respondent to take the action set forth in the judge’s recommended Order.  Charge filed by Operative Plasterers & Cement Masons International Association, Local No. 72.

Pomona Valley Hospital Medical Center  (21-CA-190102)  Pomona, CA, December 4, 2017.  No exceptions having been filed to the October 23, 2017 decision of Administrative Law Judge Lisa D. Thompson’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 Service Employees International Union – United Healthcare Workers – West.

Heartland Coca-Cola Bottling Company, LLC  (14-CA-195320)  St. Charles, MO, December 4, 2017.  No exceptions having been filed to the October 23, 2017 decision of Administrative Law Judge Andrew S. Gollin’s finding that the Respondent had engaged in certain unfair labor practices, the Board adopted the judge’s findings and conclusions, and ordered the Respondent to take the action set forth in the judge’s recommended Order.  Charge filed by an individual.

Roy Spa, LLC  (19-CA-083329)  Great Falls, MT, December 5, 2017.  The Board denied Respondent’s Motion for Reconsideration of the Board’s Decision and Order reported at 365 NLRB No. 114.  The Board found that Respondent had failed to identify any material error or demonstrate extraordinary circumstances warranting reconsideration.  In the underlying decision, the Board adopted the Administrative Law Judge’s finding that the General Counsel’s position on the merits was substantially justified and therefore adopted his order denying Respondent’s application for an award under the Equal Access to Justice Act.  Chairman Miscimarra dissented from the underlying decision based on his view in the Board’s first consideration of this case (363 NLRB No. 183) that the judge abused his discretion by accepting the General Counsel’s untimely filed Motion to Dismiss.  Nevertheless, Chairman Miscimarra agreed that Respondent had not demonstrated extraordinary circumstances warranting reconsideration.  Charge filed by International Brotherhood of Teamsters Local 2.  Administrative Law Judge Robert A. Giannasi issued his supplemental decision on July 12, 2016.  Chairman Miscimarra and Members Pearce and McFerran participated.

Bethany College  (14-CA-201546 and 14-CA-201584)  Lindsborg, KS, December 6, 2017.  The Board denied the Respondent’s Motion to Dismiss the Consolidated Complaint or, in the alternative, for 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 judgment as a matter of law.  Members Kaplan and Emanuel joined in the denial of the motion but expressed no opinion on whether Pacific Lutheran University, 361 NLRB 1404 (2014), was correctly decided.  Charges filed by an individual.  Members McFerran, Kaplan, and Emanuel participated.

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Appellate Court Decisions

Masonic Temple Association of Detroit and 450 Temple, Inc., a Single Employer, Board Case 07-CA-144521 (reported at 364 NLRB No. 150) (6th Cir. decided December 4, 2017)
In an unpublished order, the Court enforced the Board’s bargaining order issued against these two entities, the Masonic Temple Association of Detroit, Michigan, and its for-profit business arm, 450 Temple, Inc., as a single employer, in their operation hosting events, such as weddings, parties, and concerts, at the complex’s 20-story tower that contains a 4,000-seat theater, a ballroom, and restaurants.  For over 50 years, Local 324, International Union of Operating Engineers, AFL-CIO, and its predecessor, have represented the maintenance engineers, boiler operators, and operating engineers at the complex under a series of collective-bargaining agreements with various operators.

In January 2011, while negotiations for a successor contract were underway, the association’s general manager told a unit employee that the association president planned to refuse to recognize the Union.  After learning of that statement, the Union filed an unfair-labor-practice charge, which the parties then settled and continued bargaining.  In December 2012, the then-operator ended its relationship with the association and was replaced by 450 Temple, but the association president continued to oversee collective bargaining.  After negotiations stalled, and over the course of the next two years, the Union made repeated demands for bargaining and attempted to reach the president to schedule further negotiations.  Meanwhile, the Employers, despite not responding to the Union’s bargaining requests, continued to remit union dues and to pay medical and insurance payments to the Union.  On January 13, 2015, when the Union finally spoke with the president on the phone, the president refused to bargain, stated that the companies would never again be a union employer, and hung up.  On the basis of that refusal to bargain, and its rejection of a claim that the underlying charge was time-barred, the Board (then-Chairman Pearce, and Members Miscimarra and McFerran) found that the companies, as a single employer, violated Section 8(a)(5) and (1).

On review, the companies presented two arguments to the Court.  First, they argued that the complaint was time-barred under Section 10(b) because the Union had notice of their refusal to bargain back in January 2011.  Rejecting that contention, the Court adopted the Board’s explanation that although the companies had failed to respond to the Union’s repeated demands to negotiate, “they continued to remit dues and medical and insurance payments,” and that “it was not until January 13, 2015, that [they] clearly and unequivocally informed the Union that they would not recognize or bargain with it.”  Second, the companies claimed that they were privileged to refuse to bargain because they had a good-faith doubt that the Union still enjoyed the support of a majority of unit employees.  As evidence, the companies cited the association president’s testimony that none of the employees told him that “they were currently or wanted to be union members.”  In response, the Court cited Board authority holding that the issue of majority support “turns on whether most unit employees wish to have union representation, not on whether most unit employees are [union] members.”

The Court’s judgment order may be found here.

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Administrative Law Judge Decisions

Anderson Enterprises, Inc. d/b/a Royal Motor Sales  (20-CA-187567; JD(SF)-51-17)  San Francisco, CA.  Administrative Law Judge Jeffrey D. Wedekind issued his decision on December 4, 2017.  Charge filed by an individual.

Bexar County Performing Arts Center Foundation d/b/a Tobin Center for the Performing Arts  (16-CA-193636; JD-95-17)  San Antonio, TX.  Administrative Law Judge Arthur J. Amchan issued his decision on December 5, 2017.  Charge filed by Local 23, American Federation of Musicians.
Brasfield & Gorrie, LLC  (09-CA-199567; JD-96-17)  Birmingham, AL.  Administrative Law Judge Andrew S. Gollin issued his decision on December 8, 2017.  Charge filed by United Brotherhood of Carpenters and Joiners of America (UBC), Indiana/Kentucky/Ohio Regional Council of Carpenters.

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Source: NLRB