Region 10 Perspective
Volume 9, No. 1	Fall 2016

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Chip's Corner 

Region 10 remains as either the largest or second largest region in the Agency.  Our case intake for this past year remained stable with 1233 unfair labor practice charges and 90 representation cases filed, notwithstanding the full implementation of the Board’s new representation case rules. Although the election results from representation cases under the new rules have not differed significantly from previous years, the median days for elections has dropped from 38 to 22 days.

We continue to investigate cases and make determinations in accordance with Board law. Having been with the Board more than 40 years now, I am accustomed to the law being tweaked or revised periodically and as a consequence, for a continuing need to rethink cases in accordance with whatever changes occur. Some of the changes in the law this past year are reflected in the ALJ decisions, Board decisions, and significant settlements noted below. I hope this information is of assistance to you in your understanding of the law.

We begin the fiscal year, as we often do, operating under a continuing resolution with funding at last year’s level, notwithstanding increases in salary, rent, and other costs. As last year’s budget was extremely tight, we are required to continue working under previously imposed travel restrictions. As a consequence, in some cases, we must ask parties and their witnesses to come to the offices within the region to present evidence or testimony in their cases. We appreciate in advance your assistance and cooperation.

Finally, this past year we saw considerable change in our staffing. While we always lament the loss of experienced agents, supervisors, and managers, we welcome our new hires and appointments as they bring in new energy and excitement. Below, we will introduce our newer folks to you.

New Faces & Promotions In Region 10 and Subregion 11

Lisa Henderson Promoted to Regional Attorney

Ms. Henderson graduated from the University of North Carolina at Chapel Hill in 1986 with a B.A. in English. She received her J.D. from Harvard Law School in 1989 and her M.A. in American History from Columbia University in 1991. She began working at the NLRB’s Philadelphia Regional Office as a Field Attorney in 1992, and transferred to the Atlanta Regional Office in 1994. She was promoted to Supervisory Field Attorney in 2010, and began serving as Region 10's Regional Attorney in February 2016. 

Kathy Chahrouri Promoted to Supervisory Field Attorney

Ms. Chahrouri received her B.S. Ed. from Columbus College in Columbus, Georgia (now Columbus State University) in 1982, and received her J.D. from the Georgia State University College of Law in 1992. After a couple of years in private practice as an Associate with an Atlanta labor and employment firm, she started her Board career in 1995 in the Region 10 Atlanta office as a Field Attorney. In 2001, Kathy transferred to the Birmingham Resident Office. Her promotion to Supervisory Attorney in July 2016 brought her back to the Atlanta office, where she supervises a team of field examiners and attorneys. 

Meet Atlanta's Newest Field Attorneys - Five Things to Know about Laura Evins, Kami Kimber and Kurt Brandner

LAURA EVINS started with Region 10 in Atlanta as a Field Attorney in March 2016. She is a proud graduate of the University of Georgia School of Law. From Laura:

1. I am a member of a peanut butter of the month club that delivers tasty and exotic peanut butters to my door. Ooh La La!
2. Scary movies have made me deathly afraid of looking through peep-holes.
3. I have seen every episode of Forensic Files.
4. If I were not an attorney, I would run an online store to sell my arts and crafts.
5. My goal in life is to (successfully) do a yoga handstand.

 

KAMI KIMBER graduated from Northeastern University School of Law (Boston) in 2011. Kami also started with Region 10 as a Field Attorney in Atlanta in March 2016. From Kami:

1. I grew up on a cattle ranch in Northern Utah, in a town of approximately 100 people. I can still name the people who lived there when I moved away (of course, I am related to most of them).
2. My brother and sister are my best friends. However, no one who knew us as children would ever actually believe that. We all have physical scars from our fights as children and in one of our fights we managed to accidently run over our grandfather with his truck. None of us know exactly how we managed to do it, or how grandpa talked our dad out of murdering us, but grandpa forgave us and we eventually learned to like each other.
3. I joined the Air Force Reserves to pay for undergrad. When I enlisted I thought my reserve time would consist of one weekend a month and a yearly TDY to Key West (because that’s what my recruiter told me). My first weekend was 2 days before September 11^th, the terrorist attack on the Towers. I never made it to Key West, but I did get an all-expense paid trip to Iraq for about 4 months.
4. I had no interest or intention of being a lawyer until my last semester of undergrad. I planned to go to graduate school to study psychology. One of my undergrad advisors told me that I should consider law school because she thought I would be a good lawyer.
5. I have a habit of moving to cities that I have never visited. I made the decision on law school by first selecting cities that I thought I would like to live in and then applied to the law schools in those cities. I ended up choosing to attend Northeastern because of its public interest focus and its incredible internship program. My first visit to Boston was the day I moved. I have come to the conclusion that it doesn’t matter where I live as long as I like my job. 

KURT BRANDNER is our newest attorney, joining the Region 10 Atlanta staff as a Field Attorney in September 2016, after graduating from the University of Colorado Law School. From Kurt:

1. My favorite TV show is Mad Men.
2. Before law school, I was a Peace Corps volunteer in Nicaragua.
3. I grew up in central Texas (near Austin).
4. My great-grandfather was a pioneer in auto safety and invented the retractable seat belt.
5. I was born in Seattle and am a big Seahawks fan. 

 

Birmingham Resident Office Welcomes Field Examiner Anthoney Franklin, Pathways Examiner Intern Alexandra Day

ANTHONEY FRANKLIN is Birmingham's newest Field Examiner, joining the office in January 2016. From Anthoney: 

 

1. I am from Birmingham, Alabama 
2. I am a married father of two (Son Anthoney-10,  future engineer, Daughter T’Nia-8, aspiring model & future doctor)
3. I love Big Trucks
4. I love Bama Football, Roll Tide Roll
5. United States Army Veteran 

 

ALEXANDRA DAY joined the Birmingham Resident Office as a Pathways Intern/Examiner Trainee in November 2015. From Alexandra:

1. I am a proud product of the Bronx, NY
2. I wanted to be Debbie Allen as a child and studied dance for twenty years
3. I lived in Spain on a study abroad scholarship
4. I presented research at five conferences as a McNair Research Scholar
5. I love to write - last year I wrote over ninety articles for vocational programs through the East.

 

 

Subregion 11 Winston-Salem Welcomes Field Examiner Neil Sagucio

NEIL SAGUCIO joined the Winston-Salem office in May 2016 as a Field Examiner after serving as a Student Intern for Region 6 (Pittsburgh) in October 2015. Five things he'd like you to know about him:

1. There are no professional-looking photos of me in existence, so you get these quirky ones.
2. I have a twin brother, Benjamin, who’s a teacher in Pittsburgh—you can see him in the photos, too.
3. My favorite TV shows are The West Wing and RuPaul’s Drag Race.
4. Bowling and video games are two of my favorite hobbies.
5. I’m a very go-with-the-flow type of person, but I hate indecisiveness. Trying to decide what you should know about me is killing me, and I hate it.

 

Significant Settlements

Asplundh Tree Expert Co., Cases 10-CA-157163, 10-CA-160794, 10-CA-160820, 10-CA-160823 and 10-CA-160826.  The lead case was filed on 8/3/2015.  The settlement agreement provided backpay to employees in the amount of a 2.1% wage increase as of 6/1/2015 plus interest.  The settlement involved 33 locations involving over 1,200 employees with $187,717 in backpay, plus interest. 

Provision Living, LLC,  Case 10-CA-155115.  The case was filed on 6/29/2015.  The case resulted in a bilateral informal settlement agreement approved on 3/17/2016.  The case involved multiple unlawful work rules contained in the handbook.  The settlement involved a nationwide posting in 9 states (Georgia, Tennessee, Ohio, Florida, Indiana, Illinois, Michigan, Mississippi and Missouri). 

Logan’s Roadhouse, Inc., Case 10-CA-164532  The case was filed on 11/19/2015.  The case resulted in a bilateral informal settlement agreement approved on 5/9/2016.  The case involved various unlawful rules, including a prohibition on making communications on social media, taking pictures, and a prohibition on discussing wages and working conditions, among other things.  The settlement involved posting a Notice at 27 restaurant locations in Tennessee, and another Notice was posted nationwide at about 150 locations located in Alabama, Arkansas, Arizona, Florida, Georgia, Illinois, Indiana, Kansas, Kentucky, Louisiana, Michigan, Missouri, Mississippi, Ohio, Oklahoma and Pennsylvania. Compliance was effectuated by CO Dunn and the case was closed on 8/2/2016.

Tenet Healthcare d/b/a Brookwood Medical Center, Cases 10-CA-167836,10-CA-167970 and 10-CA-171120.  This case involved the suspension and discharge of an employee for engaging in protected concerted activities.  The case resulted in a settlement agreement involving over $10,769 in backpay and $10,000 front pay, correction of the employee’s personnel file and a notice posting.

 

ADT LLC d/b/a ADT Security Services, Cases 10-CA-141326 and 10-CA-145978. In addition to a notice posting remedying the Employer’s unlawful delay and refusal to furnish information, the settlement in this case provided that the Employer would remedy several unilateral changes to the employee’s healthcare plan as well as payments of $11,428 plus interest to unlawfully discharged employee.  The employee was also issued a letter notifying him that all reference to any discipline and to the discharge had been expunged from his file.  A non-board agreement was entered into by the parties to resolve an issue regarding the installation of TS Panels.

Herndon Chevrolet, Case 10–CA–155860, involved the discharge of an employee who had engaged in protected activity when seeking a pay increase.  The case settled with the Employer paying 125 percent of the full backpay amount, a premium for the employee’s waiver of reinstatement, in the amount of  $19,172 (backpay), an expungement of the discharge from the employee’s records, and a neutral reference.  The settlement also provided for reimbursement for the excess tax the employee would have to pay as a result of the settlement.

Matheson Tri Gas, Cases 10-CA-152304, 10-CA-156936, and 10-CA-156946.  In these cases, the investigation revealed that a group of employees refused to reply to an e-mail outlining a new computer procedure that the lab employees did not agree with and therefore did not reply indicating their agreement. The investigation disclosed that one of the employees engaged in protected concerted activities in several ways including communicating on Facebook with a manager.  All of the employees were issued discipline and the employee who used Facebook  was terminated.  The Region found merit to her termination, the disciplines, and several overly broad handbook rules.The settlement provided for revision of unlawful rules, $36,331 backpay, and $11,520 front pay and other benefits, and a notice posting. 

FDMR Suji’s Korean Cuisine, Cases   10-CA-161820  and 10-CA-161822.  In these matters, the Charging Party engaged in PCA by talking with another employee about an employee agreement with a nondisclosure and noncompete clause.  She was then disciplined and then terminated.  The settlement agreement provided for $15,838 in backpay plus interest, expungement of the termination and discipline from the employee’s record, a neutral reference and a notice posting. 

Board and Judge's Decisions for Region 10 

Case Number	Case Name	Date Issued	Board Number	Decision
10-RC-144025	Four Seasons Environmental	10/29/2015	Unpublished	Board denies  Employer's exceptions to Supplemental Decision on Objections and Certification of Representative
10-CA-143087	United States Postal Service	11/12/2015	Unpublished	Board order pursuant to formal settlement regarding failures to timely furnish information
10-CA-141407	U.S. Express Enterprises	11/30/2015	363 NLRB No. 46	Board finds mandatory arbitration agreements unlawful
10-CA-133679	Citi Trends	12/11/2015	363 NLRB No. 74	Board finds mandatory arbitration agreements unlawful
10-RC-156997	Pruitt Healthcare	1/15/2016	Unpublished	Board denies Employer's request for review of decision and certification of rep
10-CA-121178	Waffle House	2/1/2016	363 NLRB No. 104	Board finds mandatory arbitration agreements unlawful
10-RC-126849	G4S Government Solutions	2/10/2016	363 NLRB No. 113	Board upholds DDE on request for review and finds lieutenants are not supervisors
10-CA-164737	Four Seasons Environmental	2/12/2016	363 NLRB No. 115	Order requiring the Employer to Bargain in test of cert case.
10-CA-151454	Cowabunga	2/26/2016	363 NLRB No. 133	Board finds mandatory arbitration agreements unlawful
10-CA-149544	United States Postal Service	4/13/2016	Unpublished	Board order pursuant to formal settlement regarding failures to timely furnish information
10-CA-082519	Amerisave Mortgage	4/29/2016	363 NLRB No. 174	Board finds mandatory arbitration agreements unlawful
11-CA-077869	Intertape	5/10/2016	363 NLRB No. 187	On remand, Board finds removal of union literature from the break room unlawful, and not de minimus
10-CA-151360	United States Postal Service	5/23/2016	Unpublished	Board order pursuant to formal settlement regarding failures to timely furnish information
10-RD-154113	TCB, LLC D/B/A Golf Channel	5/25/2016	Unpublished	Board denies Union's request for review of decision and direction of election
10-CB-145609	ILA Local 1838 (Marine Terminals)	6/16/2016	Unpublished	Board adopts aljd in the absence of exceptions finding
10-CA-165443	United States Postal Service	6/30/2016	Unpublished	Board order pursuant to formal settlement regarding failures to timely furnish information
10-CA-156616	United States Postal Service	7/6/2016	Unpublished	Board order pursuant to formal settlement regarding failures to timely furnish information
10-CA-166500	Volkswagen	8/26/2016	364 NLRB No. 110	Order requiring the Employer to Bargain in test of cert case.

 

Certifications of Representative Issued Since April 1, 2015 

Case Number	Case Name	Filed Date	Cert   Date	Unit Size	Union To Certify	City
10-RC-158950	CVG Alabama, LLC	8/28/2015	10/1/2015	142	International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, AFL	Atlanta
10-RC-160991	Office Remedies, Inc. d/b/a ORI	9/29/2015	10/30/2015	24	International Association of Machinists and Aerospace Workers (IAM), AFL-CIO	Arlington
10-RC-161418	Chenega Total Asset Protection, LLC	10/6/2015	11/25/2015	250	International Union, Security, Police and Fire Professionals of America (SPFPA)	Anchorage
10-RC-162130	Concentric Methods	10/19/2015	11/16/2015	13	International Union of Operating Engineers Local 465, AFL-CIO	Washington
10-RC-162530	Volkswagen Group of America, Inc.	10/23/2015	12/15/2015	164	United Auto Workers, Local 42	Chattanooga
10-RC-162816	Office Remedies, Inc. d/b/a ORI	10/27/2015	11/25/2015	54	International Association of Machinists and Aerospace Workers, AFL-CIO	Arlington
10-RC-163340	Pepsi Beverages Company, an operating unit of Pepsico, Inc.	11/4/2015	12/4/2015	30	International Brotherhood of Teamsters Local 528	Jonesboro
10-RC-163388	Paragon Systems, Inc.	11/5/2015	3/30/2016	126	The Protection & Response Officers of America, Inc.	Detroit
10-RC-163801	U.S. Security Associates	11/10/2015	12/14/2015	80	United Government Security Officers of America and it's Local 001	Columbia
10-RC-164788	CONSOLIDATED NUCLEAR SERVICES, LLC	11/24/2015	12/31/2015	23	Teamsters Local Union #519	Knoxville
10-RC-165127	SDH Services East, LLC, also known as Sodexo	12/1/2015	12/28/2015	16	International Association of Machinists and Aerospace Workers, AFL-CIO	Gaithersburg
10-RC-167961	FJC Security Services, Inc.	1/19/2016	3/7/2016	79	The Protection & Response Officers of America
10-RC-168026	GGNSC Oxford LLC d/b/a Golden Living Center-Oxford	1/20/2016	2/22/2016	15	United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Worke	Fort Smith
10-RC-169472	Duke University	2/11/2016	3/28/2016	400	Service Employees International Union CLC/CTW	Nashville
10-RC-169989	American Red Cross, Southern Region	2/19/2016	3/18/2016	2	United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Worke	Douglasville
10-RC-169989	American Red Cross, Southern Region	2/19/2016	3/18/2016	2	United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Worke	Haddock
10-RC-171250	Loomis Armored US, LLC	3/8/2016	4/6/2016	7	International Union, Security, Police and Fire Professionals of America (SPFPA)	Roseville
10-RC-171649	U.S. ECOLOGY	3/14/2016	4/12/2016	19	INTERNATIONAL BROTHERHOOD OF TEAMSTERS LOCAL 728	Atlanta
10-RC-172416	JanTec, Inc.	3/23/2016	4/25/2016	40	American Federation of Government Employees (AFGE) Local 2022	Clarksville
10-RC-175616	CSRA, Inc.	5/5/2016	6/20/2016	4	International Association of Machinists and Aerospace Workers, AFL-CIO	Arlington
10-RC-176587	JanTec, Inc.	5/20/2016	6/17/2016	3	International Association of Machinists and Aerospace Workers, AFL-CIO	Las Vegas
10-RC-176587	JanTec, Inc.	5/20/2016	6/17/2016	3	International Association of Machinists and Aerospace Workers, AFL-CIO	Arlington
10-RC-177952	American Red Cross Blood Services, Alabama Gulf Coast Region	6/9/2016	7/28/2016	7	UNITED STEEL PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED INDUSTRIAL AND SERVICE WORKE	Calera
10-RC-178111	GGNSC Winfield, LLC d/b/a Golden Living Center-Winfield	6/13/2016	7/8/2016	12	UNITED STEEL, PAPER AND FORESTRY, RUBBER, MANUFACTURING, ENERGY, ALLIED-INDUSTRIAL AND SERVICE WORKE	Gardendale
10-RC-178307	Cushman & Wakefield, Inc.	6/15/2016	7/15/2016	11	INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 369	Cordova
10-RC-179472	CSRA, Inc.	7/5/2016	8/3/2016	63	INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, AFL-CIO	Arlington
10-RC-179889	Explosive Ordnance Technologies, Inc.	7/12/2016	8/9/2016	2	INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, AFL-CIO	Arlington
10-RC-181278	Choctaw Defense Services	8/1/2016	8/26/2016	21	United Food and Commercial Workers Union Local 1996	Suwanee
10-RD-160157	Gentry Steel, Inc.	9/17/2015	10/16/2015	12	Shopmen’s Local Union No. 812 of the International Association of Bridge, Structural, Ornamental and	Jacksonville
10-RD-163484	American Red Cross Blood Services, Southern Region	11/6/2015	12/14/2015	112	United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Worke	Douglasville
10-RD-177137	Springs Creative Products Group, LLC	5/27/2016	6/24/2016	39	Southern Region Workers United	Union City

The NLRB strongly encourages parties to use the Agency’s E-Filing and E-Service applications 

E-FILE is the NLRB's system for submitting documents electronically pertaining to a case pending before the National Labor Relations Board. The E-File system offers a quick and easy alternative to paper filings with the NLRB. Most documents can be filed with the NLRB using the E-Filing system, including new Charges and Petitions. The full terms and conditions for use of the E-File system can be found on the NLRB website E-File page..

 E-SERVICE: Registering for NLRB E-Service lets you access and manage your NLRB case-related information. Using E-Service, you can view, edit, and add contact information to any case in which you are a participant. E-Service also provides electronic delivery of case documents via email. E-Service is faster and more efficient than mail delivery, and eliminates paper waste. Complete information about NLRB E-Service can be found on the NLRB website. 

 

 

A Note from the Editor Region 10 Perspective always encourages your questions, suggestions, comments and feedback. Please feel free to contact Supervisory Attorney Kathy Chahrouri at katherine.chahrouri@nlrb.gov.

The National Labor Relations Board is an independent federal agency created by Congress in 1935 to administer the National Labor Relations Act, the primary law governing relations between unions and employers in the private sector. The statute guarantees the right of employees to organize and to bargain collectively with their employers, and to engage in other protected concerted activity with or without a union, or to refrain from all such activity. The NLRA extends rights to most private sector employees, to their employers, and to unions/labor organizations. The NLRA protects workers who form, join, support or assist unions, and protects groups of workers (two or more employees) without a union who engage in protected concerted activities seeking to modify their wages or working conditions. The Act protects non-union and union employees against employer and union discrimination based on union-related activities or other protected concerted activities. Employees wishing to pursue workplace organization issues or allegations of unfair labor practices may seek assistance from the nearest regional NLRB office. Employers and unions who wish to pursue allegations of unfair labor practices may do the same. The Agency has 51 regional, sub-regional, or resident offices to serve the public.