« NLRB Law Memo 11/29/2008 | Main | NLRB Law Memo 12/12/2008 »
NLRB Law Memo 12/09/2008
by Ross Runkel at LawMemo
NLRB Law Memo 12/09/2008
by LawMemo - First in Employment Law.
Also by email.
NLRB - Staff summarized 5 decisions.
First Student, Inc. (3-CA-26584; 353 NLRB No. 55) North Tonawanda, NY Nov. 28, 2008.
The Board adopted the administrative law judge's findings that the Respondent violated Section 8(a)(5) and (1) of the Act by: (1) unilaterally enforcing its previously unenforced driving under the influence policy with regard to unit employees without notice to or bargaining with the Union; (2) discharging Matthew Raimondo, Carl Antholzner, and Shawn Kazmierczak pursuant to the Respondent's unilateral enforcement of its driving under the influence policy; and (3) failing and refusing to meet and bargain with the Union concerning the discharge of Raimondo and Antholzner pursuant to the Respondent's unilateral enforcement of its driving under the influence policy. The Board noted that it found no basis for reversing the judge's credibility findings. The Board further noted that there were no exceptions to the third prong of the violation, i.e. the Respondent's failure to bargain with the Union about the discharges of Raimondo and Antholzner.
(Chairman Schaumber and Member Liebman participated.)
Charge filed by Teamsters Local 449; complaint alleged violations of Section 8(a)(1) and (5). Hearing at Buffalo on July 16, 2008. Adm. Law Judge George Carson II issued his decision Sept. 3, 2008.
***
Global Aviation Services, LLC (4-RC-21449; 353 NLRB No. 57) Essington, PA Nov. 28, 2008.
The Board dismissed the petition concurring in the National Mediation Board's finding that the Employer (Global Aviation Services, LLC) was within its jurisdiction rather than the Board's jurisdiction. The Board noted that the National Mediation Board uses a two-pronged jurisdictional analysis: (1) whether the work is traditionally performed by employees of air or rail carriers; and (2) whether a common carrier exercises direct or indirect ownership or control. Both prongs of the test must be met. Here the parties stipulated that the Employer is directly owned or controlled by, or under common control with, an air carrier. The Board thus noted that the control prong of the test was met. The Board further noted the work performed by the Employer's employees and then noted that the National Mediation Board specifically found that this work was work traditionally performed by employees of air carriers. The Board agreed with this finding. The Board thus noted that the work prong of the test was met.
(Chairman Schaumber and Member Liebman participated.)
***
Midwest Psychological Center, Inc. (25-CA-29381, 29405; 353 NLRB No. 51) Indianapolis, IN Nov. 26, 2008.
This case was before the Board in the compliance stage of the proceeding after the Board found in the underlying unfair labor practice case, 346 NLRB 1 (2005), that the Respondent unlawfully discharged the Charging Parties. In the instant case, the Board adopted the administrative law judge's findings that the Respondent did not eliminate the discriminatees' positions in Dec. 2004 and therefore the backpay period continued until the discriminatees rejected the Respondent's valid reinstatement offers in 2007. In so finding, the Board also rejected the Respondent's motion to submit additional evidence or to reopen the case.
(Chairman Schaumber and Member Liebman participated.)
Adm. Law Judge George Carson II issued his supplemental decision July 8, 2008.
***
Shane Steel Processing, Inc. and J&J Land, LLC, a single employer (7-CA-47710, 48016; 353 NLRB No. 58) Fraser, MI Nov. 28, 2008.
The Board adopted the supplemental decision of the administrative law judge finding that Respondents Shane Steel Processing and J&J Land constitute a single employer, making J&J Land jointly and severally liable for Shane Steel Processing's unfair labor practices.
(Chairman Schaumber and Member Liebman participated.)
Hearing at Detroit, June 11-13, 2007. Adm. Law Judge Keltner W. Locke issued his supplemental decision April 1, 2008.
***
SPE Utility Contractors, LLC (7-CA-49691, et al.; 353 NLRB No. 52) Port Huron, MI Nov. 26, 2008.
The Board granted the General Counsel's motion for clarification of its underlying Order at 352 NLRB No. 97. The General Counsel asked the Board to modify its Order by providing for a make-whole remedy for the Respondent's direct dealing with employees with respect to an offer by the Respondent to certain employees of a cash bonus if they could reconcile the Respondent's accounts with the Florida Power and Light Co. by Feb. 13, 2007. The Board granted the motion because the request is consistent with the Board's conventional remedy in a case in which a respondent engaged in an unfair labor practice that caused, or may have caused, employees' monetary loss. The failure to provide a remedy in this case was inadvertent.
(Chairman Schaumber and Member Liebman participated.)
***
|
|
EEOC | NLRB | Supreme Court | Employment Law Blog | Arbitration Blog | Employment Law 101
