After nearly three years of proceedings focused primarily on McDonald’s status as a joint employer, the General Counsel and McDonald’s presented a series of informal settlement agreements resolving the alleged unfair labor practices. Slip opinions are subject to revision before publication in bound volumes. Summary of NLRB Decisions for Week of December 9 - 13, 2019 Inquiries should be directed to the Office of the Executive Secretary at 202‑273‑1940. The Board majority (Chairman Ring and Member Kaplan; Member McFerran, dissenting) observed that, while the motions were pending, the Board issued an Order Granting Review and Remanding for further consideration Charge filed by International Chemical Workers Union Council of the United Food & Commercial Workers, AFL-CIO, CLC. The Board majority (Chairman Ring and Member Kaplan; Member McFerran, dissenting) observed that while the motions were pending, the Board issued an Order Granting Review and Remanding for further consideration Charge filed by International Chemical Workers Union Council of The United Food & Commercial Workers International Union, AFL-CIO, CLC. Chairman Ring and Members McFerran and Kaplan participated.In a published opinion, the Court enforced, in part, the Board’s order issued against this operator of an 80-resident skilled nursing facility in Redding, California, where its service and maintenance employees and licensed vocational nurses are represented by SEIU Local 2015, as successor to SEIU United Healthcare Workers-West, CTW, CLC. Chairman Ring and Members McFerran and Kaplan participated.The Board denied the Respondent’s Request for Reconsideration of the Charges and Petition filed by International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, AFL-CIO. She found that, at the urging of the current General Counsel, the majority disposed of a “mammoth and important joint-employer case under the National Labor Relations Act” before that case would have “require[d] the Board to apply a precedent [Member McFerran found that “the heart of this proceeding was the allegation that McDonald’s is a joint employer with certain franchisees.” A finding of joint-employer status would have important consequences for McDonald’s in both unfair labor practice cases involving its franchisees and possible representational cases. Administrative Law Judge Robert A. Giannasi issued his decision on August 23, 2019.
The Board, Member McFerran dissenting, amended the judge’s recommended remedy to remove the requirement that a Board agent or responsible management official publicly read the Board’s notice.Charges filed by International Brotherhood of Teamsters Local Union 509. Menu. This past summer, the National Labor Relations Board (NLRB) issued a series of decisions protecting employer property rights against nonemployees. The Court summarily enforced those portions of the order of the Board (Members McFerran, Kaplan, and Emanuel) remedying the uncontested finding that the Employer violated Section 8(a)(5) and (1) by unilaterally suspending its merit raise program, but denied enforcement with regard to the Board’s findings (Member Emanuel, dissenting) that the Employer disciplined and discharged an employee for her union activity in violation of Section 8(a)(3) and (1).The Administrative Law Judge dismissed the Section 8(a)(3) allegations, finding that, although the General Counsel had put forth a strong case that the employee’s union activity was a motivating factor in her discipline and discharge, the Employer nonetheless would have taken the same actions in the absence of her union activity. Employers Can Eject Union Organizers from Hospital Cafeterias . 143 (December 16, 2019), the Board overruled the decision in Purple Communications, Inc., 361 NLRB 1050 (2014), which gave employees the right to use employer-owned equipment for non-work purposes, including soliciting for union-related issues. Chairman Ring and Members McFerran and Kaplan participated.The Board (Chairman Ring and Member Emanuel; Member McFerran, dissenting) granted in part and denied in part the Employer’s Request for Review of the Regional Director’s Corrected Decision on Challenges and Objections and Notice of Hearing as it, in part, raised substantial issues warranting review. On review, the Court held that substantial evidence supported the Board’s findings, rejected the Employer’s challenges, and summarily enforced those portions of the Board’s order related to findings uncontested on appeal.To have the NLRB’s Weekly Summary of Cases delivered to your inbox each week, please The Board decisions listed below are not intended or appropriate for publication and are not binding precedent, except with respect to the parties in the specific case. Current page 1; Page 2; Next page … Chairman Ring and Members Kaplan and Emanuel participated.In this test-of-certification case, the Board denied the General Counsel’s and the Union’s Motions for Summary Judgment. NLRB National Labor Relations Board. About NLRB. Circuit Court, the Board decided not to apply Charges filed by Retail, Wholesale and Department Store Union. Applying Charge filed by an individual. Administrative Law Judge Lauren Esposito issued her Order Denying Motions To Approve Settlement AgreementsThe Board adopted the Administrative Law Judge’s conclusion that the Respondent violated Section 8(a)(1) by maintaining a Code of Business Conduct and Ethics that requires employees to keep salary information confidential.Charge filed by an individual. ... 369 NLRB No. Online NLRB decisions are offered in PDF format. August 2019 NLRB Issues a Pair of Important Decisions Concerning Arbitration Agreements The National Labor Relations Board (“NLRB”) has issued a pair of important decisions regarding arbitration agreements relevant to private employers.