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NLRB Law Memo 12/29/2008
by Ross Runkel at LawMemo
NLRB Law Memo 12/29/2008
by LawMemo - First in Employment Law.
Also by email.
NLRB - Staff summarized 2 decisions.
Camaco Lorain Mfg. Plant (8-CA-36785; 353 NLRB No. 64) Lorain, OH Dec. 18, 2008.
The Board remanded the administrative law judge's bench decision for reexamination of the record evidence, and ordered the judge to provide a written decision containing further findings and analysis. In remanding the case, the Board expressed no opinion as to the correctness of the judge's original disposition of the merits of the contested complaint allegations.
(Chairman Schaumber and Member Liebman participated.)
Charge filed by Auto Workers [UAW], Region 2B; complaint alleged violations of Sections 8(a)(1) and (3). Hearing at Cleveland, March 13-14, 2007. Adm. Law Judge Keltner W. Locke issued his decision May 2, 2007.
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Professional Janitorial Services of Houston, Inc. (16-CA-25491, 25780; 353 NLRB No. 65) Houston, TX Dec. 17, 2008.
The issue in this case is whether the Respondent, alleged to be a Burns successor employer, violated Section 8(a)(5) of the Act by failing to recognize and bargain with the Union. The Board agreed with the administrative law judge's conclusion that the Respondent is a successor employer, based on finding that the Union had majority status in an appropriate unit and that there was "substantial continuity" of operations between the Respondent and its predecessors. As such, the Board adopted the judge's finding that the Respondent violated Section 8(a)(5) when it failed to recognize and bargain with the Union.
(Chairman Schaumber and Member Liebman participated.)
Charges filed by Service Employees Local 5; complaint alleged violation of
Section 8(a)(5). Hearing at Houston, April 30 and May 1, 2008. Adm. Law
Judge Joel P. Biblowitz issued his decision Aug. 1, 2008.
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