NLRB Weekly Summary, April 28
| Targeted News Service |
The Summary of NLRB Decisions is provided for informational purposes only and is not intended to substitute for the opinions of the NLRB. Inquiries should be directed to the
Summarized Board Decisions
The Board reversed an Administrative Law Judge's decision, and found that the Employer engaged in objectionable conduct when, a week before the election, it responded to employee complaints about longstanding shortfalls in their paychecks by providing employees with cash payments equal to the amount of the shortfalls. Accordingly, the Board set aside the election and directed a second election. Petitioner--Teamsters Local Union No. 570, a/w
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The Board granted the General Counsel's Motion for Default Judgment pursuant to the noncompliance provisions of a settlement agreement. The Board found that the Respondent had failed to comply with the terms of the settlement agreement by failing to expunge from its files and records all copies of its Code of Conduct; failing to either return copies of the Code of Conduct to employees or certify to employees in writing that no copies exist; and by failing to post and mail appropriate notices. Applying the noncompliance provisions of the settlement agreement, the Board deemed all of the allegations in the General Counsel's reissued complaint to be true. The Board ordered the Respondent to cease and desist from promulgating and maintaining an overly broad rule requiring employees to be confidential regarding conversations with management concerning work related matters such as hourly pay; cease and desist from threatening employees with a reduction of work hours because they engaged in protected concerted activities; and to rescind the unlawful rule, expunge the rule from its records, and notify its employees in writing that this has been done and that the rule is no longer in force.
Charge filed by an individual. Members Hirozawa, Johnson, and Schiffer participated.
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The Board reversed the Administrative Law Judge's finding that the
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ManorCare of
A Board panel majority consisting of Chairman Pearce and Member Schiffer reversed the hearing officer's recommendation to sustain the Employer's Objection 2, which alleged that certain prounion employees, who were not union agents but third parties to the election, made election-related threats to employees and their property that interfered with the election. The statements were disseminated by other employees not in the presence of the speakers who actually made the comments and were apparently characterized out of context. The Board specifically found that, in the circumstances of this case, statements which were not threats when made, did not, through the repetition by others, become transformed into objectionable conduct. Member Johnson, dissenting, stated that although this was a close case, the statements, as disseminated to other eligible voters who did not actually hear the alleged threats being made, were threats to person and property. He further found that there were no countervailing circumstances that would lend an objective observer to believe these comments were exaggerated or were intended in a joking manner, and a significant number of employees were exposed to these threatening statements, regardless of the original intent of the speakers. Petitioner--
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A Board panel majority consisting of Chairman Pearce and Member Hirozawa reversed the Administrative Law Judge's finding that the
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The Board adopted the Administrative Law Judge's finding that the Employer violated Section 8(a)(5) and (1) by failing to respond to the
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The Board affirmed the Administrative Law Judge's finding that Respondent violated Section 8(a)(5) and (1) by failing and refusing to provide the
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The Board adopted the Administrative Law Judge's finding that the Respondent did not violate the Act by denying an employee's request for a Weingarten representative and then discontinuing the interview. A panel majority consisting of Members Miscimarra and Johnson also affirmed the Judge's finding that the Respondent did not violate the Act in later issuing discipline, while Member Schiffer, dissenting, found that the Respondent's issuance of discipline violated the Act because it was motivated by the employee's request for a representative. Charge filed by an individual. Administrative Law Judge
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The Board adopted the Administrative Law Judge's finding that the Respondent violated Section 8(a)(5) and (1) by changing wage rates for employees hired after the collective-bargaining agreement expired without giving the
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The Board granted the General Counsel's motion for default judgment in the absence of an answer to the compliance specification. The Board ordered the Respondent to pay the discriminatee the amounts set forth in the compliance specification, plus interest accrued to the date of payment, compounded daily, minus required tax withholdings. Member Johnson would have held the motion for default judgment in abeyance for fourteen (14) calendar days from the date of order to give the Respondent an opportunity to explain, with supporting affidavits, why the answer was not timely filed. In disagreement with Member Johnson, Chairman Pearce and Member Hirozawa found that the Respondent provided an explanation that does not demonstrate good cause for its failure to file a timely answer. In these circumstances, they found that giving the Respondent an additional 14 days to repeat that explanation, with supporting affidavits, is not warranted. Charge filed by an individual. Chairman Pearce and Members Hirozawa and Johnson participated.
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The Board adopted the Administrative Law Judge's finding that the Respondent violated Section 8(a)(5) and (1) by failing to furnish the
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The Board adopted the Administrative Law Judge's findings that the Respondent violated Section 8(a)(1) by prohibiting the distribution of literature in its cafeteria and threatening to escort employees from the facility unless they ceased distributing literature there. The Board also adopted the judge's finding that the Respondent violated Section 8(a)(3) and (1) by discharging an employee. Charges filed by <org value="ACORN:1469248251" idsrc="xmltag.org">American Postal Workers Union,
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Laborers' International Union of
A Board panel majority consisting of Chairman Pearce and Member Johnson adopted the Administrative Law Judge's finding that the
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In adopting the Administrative Law Judge's finding that the Respondent violated Section 8(a)(3) and (1) by laying off an employee, the Board found that the Respondent's layoff decision was motivated by the employee's expulsion from
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The Board unanimously adopted the Administrative Law Judge's finding that the Respondent violated Section 8(a)(1) by posting a sign in an employee break room prohibiting union meetings there, where the union had a right to hold meetings under the terms of an expired collective-bargaining agreement. Members Johnson and Schiffer adopted the judge's finding that the Respondent also violated Section 8(a)(1) by maintaining a facially invalid off-duty access rule in its employee handbook. That rule prohibited employees from remaining on the Respondent's premises after their shift unless previously authorized by their supervisor. Members Johnson and Schiffer further found that the Respondent violated Section 8(a)(1) by enforcing that rule against two off-duty employees who sought to attend a scheduled meeting during which employees, in the presence of a union agent, were to communicate their complaints to management. Member Miscimarra agreed with his colleagues that the Respondent unlawfully enforced the access rule against the two employees, but disagreed with their conclusion that the rule was facially unlawful. Charges filed by
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The Board granted the General Counsel's motion for summary judgment in this test-of-certification refusal-to-bargain 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
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The Board granted the General Counsel's Motion for Default Judgment pursuant to the noncompliance provisions of a settlement agreement. The Board found that the Respondent had failed to comply with the terms of the settlement agreement by failing to remit the full amount of the agreed-upon backpay and interest to certain employees and failing to send to the Regional Office a signed and dated Notice to Employees in Spanish along with a certification of posting. Applying the noncompliance provisions of the settlement agreement, the Board deemed all of the allegations in the General Counsel's reissued complaint to be true. The Board ordered the Respondent to recognize and bargain with the
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Unpublished Board Decisions in Representation and Unfair Labor Practice Cases
R Cases
Browning-Ferris Industries of
C Cases
Public Service Company of
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Appellate Court Decisions
No Appellate Court Decisions involving Board decisions to report.
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Administrative Law Judge Decisions
200 East 81st
Local Joint Executive Board of
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