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05/02/2005
by Ross Runkel at LawMemo
NLRB Law Memo 05/02/2005
by LawMemo.Com - First in Employment Law
NLRB - Staff summarized 2 decisions.
Friendly Cab Co., Inc., et al. (32-CA-21613-1; 344 NLRB No. 64) Oakland, CA April 20, 2005.
The Board adopted the administrative law judge's finding that the Respondent violated Section 8(a)(5) and (1) of the Act by failing and refusing on and after August 19, 2004, to meet and bargain with East Bay Taxi Drivers Association as the exclusive collective-bargaining representative of its taxicab drivers.
The Respondent contended that the Union was improperly certified because its taxicab drivers are independent contractors and not employees. In the underlying representation proceeding reported at 341 NLRB No. 103 (2004), the Respondent raised the same argument in its request for review of the Regional Director's determination that the drivers were employees. The Board granted the request for review but concluded, on the merits, that the drivers were employees and not independent contractors.
Chairman Battista and Member Schaumber did not participate in the representation case but agreed with the judge that the Respondent has not offered any newly discovered and previously unavailable evidence, nor alleged any special circumstances that would require the Board to reconsider its decision in the representation case.
(Chairman Battista and Members Liebman and Schaumber participated.)
Charge filed by East Bay Taxi Drivers Assn.; complaint alleged violation of
Section 8(a)(1) and (5). Hearing at Oakland on Jan. 27, 2005. Adm. Law Judge Jay R. Pollack issued his decision Feb. 10, 2005.
***
North Hills Office Services, Inc. (22-CA-26250; 344 NLRB No. 63) Woodbury, NJ April 18, 2005.
The Board held, in agreement with the administrative law judge, that the Respondent violated Section 8(a)(5) and (1) of the Act by failing and refusing to implement the wage increase for part-time unit employees as agreed to by the Respondent and Service Employees Local 32B-32J. It amended the judge's recommended remedy to provide that backpay shall be computed in the manner provided in Ogle Protection Service, 183 NLRB 682 (1970), enfd. 444 F.2d 502 (6th Cir. 1971), rather than F. W. Woolworth Co., 90 NLRB 289 (1950).
(Chairman Battista and Members Liebman and Schaumber participated.)
Charge filed by Service Employees Local 32B-32J; complaint alleged violation of Section 8(a)(1) and (5). Hearing at Newark on Sept. 28, 2004. Adm. Law Judge Margaret M. Kern issued her decision Jan. 7, 2005.
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Editor: Ross Runkel, Professor of Law Emeritus. email Ross@LawMemo.Com, Phone 503-399-8028. Copyright LawMemo, Inc.
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