NLRB Recent Developments

Weekly Summary of NLRB Decisions for week ending February 25, 2005.  The following decisions are summarized:

Big Sky Locators, Inc. (28‑CA‑17698; 344 NLRB No. 15) Las Vegas, NV, Feb. 14, 2005.  In affirming the administrative law judge’s findings, the Board held that the Respondent violated Section 8(a)(1) and (5) of the Act by withdrawing recognition from Electrical Workers IBEW Local 396 as the recognized collective-bargaining representative of the Respondent’s employees in the appropriate unit; failing to continue in effect terms and conditions of employment as set forth in the parties’ collective-bargaining agreement; failing to make Line Construction Benefit Fund health insurance premium payments and thereby failing to continue in effect employees’ coverage; and unilaterally placing into effect an alternative health care plan and imposing premium costs on employees.

Center for the Disabled (3‑RC‑11255; 344 NLRB No. 21) Albany, NY Feb. 16, 2005.  The Board adopted the hearing officer’s conclusion that the Employer established a valid business justification with respect to both the grant of the wage increases and the timing of their announcement and, overruled the Petitioner’s (Needletrades Employees) Objection 1, and certified the results of the rerun mail ballot election conducted from May 13 through 28, 2004.  In the absence of exceptions, it also adopted the hearing officer’s recommendation that the Petitioner’s Objection 3 be overruled.  The tally of ballots showed 285 for and 381 against, the Petitioner, with 83 challenged ballots, an insufficient number to affect the results of the election.

Electric By Miller, Inc. (17‑CA‑22667; 344 NLRB No. 20) Grove, OK, Feb. 16, 2005.  The Board adopted the recommendations of the administrative law judge and found that the Respondent violated Section 8(a)(1) of the Act by threatening its employees with closure of the business if they selected Electrical Workers IBEW Local 584 as their collective-bargaining representative and falsely announcing closure of the business in order to effectuate the discharge of a prounion employee, and violated Section 8(a)(1) and (3) by discharging John R. Carter because of his union activities.

International Transportation Service, Inc. (21‑CA‑34968; 344 NLRB No. 22) Long Beach, CA Feb. 18, 2005.  In agreement with the administrative law judge, the Board found that the Respondent violated Section 8(a)(1) of the Act by informing an employee that she was being discharged because she engaged in union and protected concerted activity, specifically picket line activity on behalf of Longshoremen Local 63 , and violated Section 8(a)(1) and (3) by terminating employee Deanna Tartaglia because she engaged in union and protected concerted activity, specifically picket line activity on behalf of the Union.