NLRB Law Memo 02/14/2012
by Ross Runkel at LawMemo
NLRB - Staff summarized 3 decisions.
Human Services Projects, Inc. d/b/a Teen Triumph (32-CA-25262; 358 NLRB No. 2) Stockton, CA, February 6, 2012.
The Board found an unlawfully discharged employee ineligible for reinstatement because of post discharge misconduct. The employee followed a coworker in a parking lot 5 months after his discharge and engaged in a profanity-laced tirade about an unrelated matter. The Board concluded that this misconduct was not provoked by the Employer's unlawful action and rendered him unfit for further service. Member Flynn further found that the employee's refusal to the leave the employer's premises and violent gestures toward the chief financial officer immediately after his discharge tend to support the conclusion that the employee was unfit for further service as a child care worker in residential facilities for sex and youth offenders.
Charges filed by an individual. Administrative Law Judge Jay R. Pollack issued his decision June 23, 2011. Chairman Pearce and Members Griffin, Jr. and Flynn participated.
Noel Canning, a Division of the Noel Corporation (19-CA-32872; 358 NLRB No. 4) Yakima, WA, February 8, 2012.
The Board adopted the Administrative Law Judge's finding that the respondent employer violated Section 8(a)(5) of the Act by refusing to reduce to writing and to execute a collective-bargaining agreement reached with the union, including payment of a retroactive bonus.
Charge filed by Teamsters, Local 760. Administrative Law Judge Gerald A. Wacknov issued his decision on September 26, 2011. Members Hayes, Flynn, and Block participated.
Asher Candy, Inc. and Sherwood Brands, Inc., a single employer, etc. (29-CA-26761; 358 NLRB No. 5) Rockville, MD, February 8, 2012.
The Acting General Counsel sought default judgment in this case on the ground that the respondents failed to file an answer to the amended compliance specification. The Board ordered that the respondents jointly and severally make whole the unit employees named in the Board's supplemental decision and order by paying them the total amount due of $279,523.20, with interest, minus tax withholdings required by federal and state laws.
Charge filed by Bakery, Confectionary, Tobacco Workers & Grain Millers International Union, Local 102, AFL-CIO. Chairman Pearce and Members Hayes and Griffin, Jr. participated.