The Summary of NLRB decisions for the week of November 16 – 20, 2015, is now available.
Summarized Board Decisions
Alcoa, Inc. and Alcoa Commercial Windows, LLC d/b/a TRACO, a single employer (06-CA-065365; 363 NLRB No. 39) Cranberry Township, PA, November 16, 2015.
The Board unanimously adopted the Administrative Law Judge’s finding that Alcoa Inc. and Traco are a single employer and violated 8(a)(1) by denying off-duty and off-site Alcoa Inc. employees access to exterior nonwork areas of Traco, including its parking lots, to engage in organizational handbilling and, by the actions of Traco’s general manager, engaged in surveillance of the handbilling. Footnote 1 of the decision rejects the Respondent’s argument that Acting General Counsel Lafe Solomon was improperly or unlawfully appointed to that position under the Federal Vacancies Reform Act, and finds that the Respondent waived its right to challenge the continued authority of Solomon following his nomination by the President to be General Counsel. Even assuming that Respondent had not waived its right to challenge the continued authority of Acting General Counsel Solomon following his nomination by the President, footnote 1 finds that General Counsel Richard F. Griffin’s October 5, 2015, ratification of the issuance of the complaint and prosecution of the case by Solomon, rendered moot any argument that further litigation of the case was precluded under the decision in S. W. General, Inc. v. NLRB, No. 14-1107, 2015 WL 4666487 (D.C. Cir. Aug. 7, 2015).
Charge filed by United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC. Administrative Law Judge Mark Carissimi issued his decision on September 20, 2013.
Chairman Pearce and Members Hirozawa and McFerran participated.
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