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National Labor Relations Board

Summary of NLRB Decisions for Week of October 28 - November 1, 2024 11/08/2024 12:03 PM EST Summary of NLRB Decisions for Week of October 28 - November 1, 2024 mmeyers Fri, 11/08/2024 - 12:03 The Summary of NLRB Decisions is provided for informational purposes only and is not intended to substitute for the opinions of the NLRB.  Inquiries should be directed to the Office of the Executive Secretary at 202‑273‑1940. Summarized Board Decisions Michael Cetta, Inc. d/b/a Sparks Restaurant  (02-CA-142626 and 02-CA-144852; 373 NLRB No. 129)  New York, NY, November 1, 2024. In this compliance case, the Board ordered the Employer to pay discriminatees the backpay amounts in the General Counsel’s compliance specification as amended.  The Board remanded the issue of one discriminatee’s backpay for a determination of whether he received interim earnings not included in his backpay calculation. Charges filed by United Food and Commercial Workers Local 342.  Chairman McFerran and Members Prouty and Wilcox participated. *** Unpublished Board Decisions in Representation and Unfair Labor Practice Cases R Cases Miller Painting Co.  (19-RD-348685)  Savannah, GA, October 28, 2024.  The Board denied the Union’s Request for Review of the Regional Director’s Decision and Direction of Election as it raised no substantial issues warranting review.  Petitioner—an individual.  Union—International Union of Painters and Allied Trades 1169 District 77.  Members Kaplan, Prouty, and Wilcox participated. Segerstrom Center for the Arts  (21-RM-327048)  Costa Mesa, CA, October 31, 2024.  The Board denied the Union’s Request for Review of the Acting Regional Director’s Order Impounding Ballots as moot.  Petitioner—International Alliance of Theatrical Stage Employees Local 504.  Members Kaplan, Prouty, and Wilcox participated. C Cases VHS Acquisition Subsidiary Number 7, Inc., d/b/a Saint Vincent Hospital  (01-CA-290852, et al.)  Worchester, MA, October 30, 2024.  The Board granted the Respondent’s Request for Special Permission to Appeal the Administrative Law Judge’s order denying in part the Respondent’s petition to revoke a subpoena duces tecum.  On the merits, the Board denied the appeal.  The Board found that the Respondent failed to establish that the judge abused her discretion in denying in part the Respondent’s petition to revoke the subpoena.  Charges filed by Massachusetts Nurses Association.  Members Kaplan, Prouty, and Wilcox participated. VHS Acquisition Subsidiary Number 7, Inc., d/b/a Saint Vincent Hospital  (01-CA-290852, et al.)  Worchester, MA, October 30, 2024.  The Board denied the Respondent’s Request for Special Permission to Appeal the Administrative Law Judge’s order granting in part the Massachusetts Nurses Association’s petition to revoke a subpoena duces tecum. The Board found that the Respondent failed to establish that the judge’s rulings could not be appropriately addressed at a later stage of the proceeding.  The denial was without prejudice to the Respondent’s right to renew its objection before the Board on any exceptions that may be filed to the judge’s decision, if appropriate.  Charges filed by Massachusetts Nurses Association.  Members Kaplan, Prouty, and Wilcox participated. VHS Acquisition Subsidiary Number 7, Inc., d/b/a Saint Vincent Hospital  (01-CA-290852, et al.)  Worchester, MA, October 30, 2024.  The Board denied the Respondent’s Request for Special Permission to Appeal the Administrative Law Judge’s order granting in part the Labor Relation Connection’s petition to revoke a subpoena duces tecum.  The Board found that the Respondent failed to establish that the judge’s rulings could not be appropriately addressed at a later stage of the proceeding.  The denial was without prejudice to the Respondent’s right to renew its objection before the Board on any exceptions that may be filed to the judge’s decision, if appropriate.  Charges filed by Massachusetts Nurses Association.  Members Kaplan, Prouty, and Wilcox participated. United Food and Commercial Workers Union, Local 135, AFL-CIO (Ralphs Grocery Company)  (21-CE-300089)  Los Angeles, CA, October 31, 2024.  The Board denied the Respondents’ Motion for Reconsideration of the Board’s Decision and Order reported at 373 NLRB No. 77 (2024) on the basis that the Respondents have not identified any material error or demonstrated extraordinary circumstances warranting reconsideration.  Charge filed by Ralphs Grocery Company.  Chairman McFerran and Members Prouty and Wilcox participated. *** Appellate Court Decisions John Gore Theatrical Group, Inc., Board Case No. 02-CA-286802 (reported at 372 NLRB No. 114) (2d Cir. decided October 28, 2024). In an unpublished summary decision, the Court enforced the Board’s order that issued against this theater production company that maintains relationships with venues across North America and assists with booking touring productions.  As a member of a multi-employer organization, the Employer was bound by a master collective-bargaining agreement executed between the Broadway League and the Actors’ Equity Association, the Union representing its theater professionals.  In 2021, while investigating whether the Employer had violated the agreement by diverting productions to a third party that was not a party to the agreement, the Union requested information about the Employer’s business relationships, which the Employer refused to provide. The Board (Chairman McFerran and Members Wilcox and Prouty) found that the Employer violated Section 8(a)(5) and (1) by failing and refusing to furnish the information relevant and necessary to the Union’s performance of its collective-bargaining duties.  In doing so, the Board rejected the Employer’s asserted confidentiality defenses and found that the Employer had not established that it had a legitimate and substantial interest that outweighed the Union’s need for the information. Before the Court, the Employer did not dispute that the requested information was relevant to the Union’s attempt to determine whether productions had been diverted in violation of the collective-bargaining agreement.  Thus, the Court recognized that the Union was immediately entitled to the requested information unless the Employer established a legitimate and substantial confidentiality interest.  “Affording the Board the deference required,” the Court found no error in the Board’s determination that the Employer failed to meet that burden. The Court’s decision is here. Import Motors II, Inc. d/b/a Audi Concord, Board Case No. 32-CA-281627 (reported at 372 NLRB No. 112) (9th Cir. decided October 29, 2024). In an unpublished memorandum decision in this test-of-certification case, the Court held that the Board did not abuse its discretion in certifying the Machinists Automotive Trades District Lodge No. 190, Machinist Local 1173, as the bargaining representative of a unit of service providers employed at this seller and servicer of automobiles in Concord, California. In the underlying representation case, the Union prevailed in a mail-ballot election, and the Employer thereafter filed a single objection claiming that the Union demanded on a video call that voters appear at a restaurant for a “ballot-signing meeting” to ensure their ballots were marked “Yes.”  A Hearing Officer held a hearing on the objection and issued a report finding that the Employer had not met its burden of proving that the alleged objectionable conduct had occurred.  On exceptions, the Regional Director agreed, overruled the objection, and certified the Union.  The Employer filed a Request for Review, which was denied by the Board (Chairman McFerran and Members Kaplan and Wilcox).  The Employer then refused to bargain in order to seek court review. Taking the case on the briefs without oral argument, the Court held that the Employer’s claim of objectionable conduct was contrary to the record evidence.  Further, the Court rejected the Employer’s claim that the video call constituted unlawful electioneering under Milchem, Inc., 170 NLRB 362 (1968).  As the Court stated, in Milchem the Board established a “strict rule” against “prolonged conversations between representatives of any party to the election and voters waiting to cast ballots.”  The Court also explained that subsequent Board decisions “emphasized that the Milchem rule against electioneering applies only where . . . the conversations occurred at the polling place itself or while the employees were waiting in line,” circumstances not present in this mail-ballot case.  Accordingly, the Court concluded that the Board acted within its discretion in overturning the Employer’s objection to the election and in certifying the Union. The Court’s decision is here. *** Administrative Law Judge Decisions Nitro Construction Services  (09-CA-313296 and 09-CA-323836; JD-64-24)  Nitro, WV. Administrative Law Judge Geoffrey Carter issued his decision on October 30, 2024.  Charges filed by an individual. Starbucks Corporation (18-CA-307276; JD-67-24) Seattle, WA.  Administrative Law Judge Kimberly Sorg-Graves issued her decision on November 1, 2024.  Charge filed by Workers United, a/w Service Employees’ International Union. *** To have the NLRB’s Weekly Summary of Cases delivered to your inbox each week, please subscribe here. The Summary of NLRB decisions for the week of October 28 – November 1, 2024 is now available on the NLRB’s website.  The summary can be accessed by clicking the links below.   Summary of NLRB Decisions for Week of October 28 - November 1, 2024 | National Labor Relations Board Questions? Contact Us Financial Crimes Enforcement Network    September 2024 Beneficial Ownership Reporting Outreach Activities and Preview of Upcoming Events As part of its efforts to educate small businesses and other key stakeholders about new beneficial ownership reporting requirements, the Financial Crimes Enforcement Network (FinCEN) participated in a number of events in September. Over the past year, FinCEN has directly reached small businesses and other key stakeholder groups through hundreds of beneficial ownership events and other engagements—including conferences, webinars, roundtables, and informational sessions—in partnership with Secretaries of State, industry groups, Members of Congress, corporate service providers, Chambers of Commerce, government agencies, and other organizations. To find out more about the reporting process, visit https://www.fincen.gov/boi. News Release: https://www.fincen.gov/news/news-releases/september-2024-beneficial-ownership-reporting-outreach-activities ### Securities and Exchange Commission SEC Charges Invesco Advisers for Making Misleading Statements About Supposed Investment Considerations 11/08/2024 07:33 AM EST The Securities and Exchange Commission today charged Invesco Advisers, Inc. for making misleading statements about the percentage of company-wide assets under management that integrated environmental, social, and governance (ESG) factors in investment…   Follow the SEC on X, Facebook, Instagram, and YouTube.   This email was sent to politikimx@gmail.com using GovDelivery Communications Cloud on behalf of: Securities and Exchange Commission · 100 F Street, NE · Washington, DC 20549 · 202-551-4120 Resources from SBA to boost your business U.S. Small Business Administration (SBA) helps turn your entrepreneurial goals into a thriving business. With expert guidance and funding options, SBA’s programs are available for your success like:    SBA-backed loans to start and run your business   Low-interest loans to help businesses recover from declared disasters  Funding options for businesses owned by women, veterans, Native Americans, LGBTQ+, military spouses, and minorities For Veterans Day, share how you spot and avoid scams By Samuel Levine Every November, people put out social media posts to honor family and friends who’ve served in the military. But did you know that servicemembers and veterans reported losing more than $350 million to fraud last year? Chances are, fraud has happened to someone you know. This year, make sure your Veterans Day tribute includes ways to help veterans, servicemembers, and military families spot scammers. Read more > Search OFAC's Sanctions Lists SDN List Additional Sanctions Lists Sanctions FAQs Press Releases OFAC Sanctions Programs Contact OFAC . Issuance of Amended Venezuela General Licenses and Frequently Asked Question The Department of the Treasury's Office of Foreign Assets Control (OFAC) has issued Venezuela General License 5Q, "Authorizing Certain Transactions Related to the Petróleos de Venezuela, S.A. 2020 8.5 Percent Bond on or After March 7, 2025," and Venezuela General License 8O, "Authorizing Transactions Involving Petróleos de Venezuela, S.A. (PdVSA) Necessary for the Limited Maintenance of Essential Operations in Venezuela or the Wind Down of Operations in Venezuela for Certain Entities." Additionally, OFAC has amended one Venezuela-related Frequently Asked Question (FAQ 595). For more information on this specific action, please visit this page. Questions? Contact Us MEDIA ADVISORY | NOVEMBER 6, 2024 (Updated to reflect correct day) FDIC Advisory Committee on Economic Inclusion to Meet Next Week  On Wednesday, November 13, at 9:00 a.m. ET, the Federal Deposit Insurance Corporation’s (FDIC) Advisory Committee on Economic Inclusion (ComE-IN) will meet in Washington, D.C. The agenda will include a presentation of the data from the 2023 FDIC Household Survey of the Unbanked and Underbanked, a discussion of qualitative research results on consumer perspectives on financial services and banking, followed by an overview of the proposed FDIC Rulemaking on Custodial Deposit Accounts with Transaction Features and Prompt Payment of Deposit Insurance to Depositors. WHO: Chairman Martin J. Gruenberg and Other Members of the FDIC Board of Directors Senior FDIC Leadership Advisory Committee Members WHAT: Meeting of the FDIC Advisory Committee on Economic Inclusion  WHEN: Wednesday, November 13, at 9:00 a.m. ET  HOW:  The meeting is open to the public. The public's means to observe this meeting of the ComE-IN meeting will be both in-person in the FDIC’s Board Room at 550 17th Street, NW, Washington, DC, and via a Webcast live on the internet.  The agenda is subject to change. Any changes to the agenda will be announced at the beginning of the meeting. Read the full agenda.  The FDIC Board of Directors established the ComE-IN in November 2006 to provide the agency with advice and recommendations on important initiatives to expand access to banking services for underserved populations.  ### MEDIA CONTACT:  LaJuan Williams-Young  lwilliams-young@fdic.gov  MEDIA ADVISORY | NOVEMBER 6, 2024 FDIC Advisory Committee on Economic Inclusion to Meet Next Week  On Thursday, November 13, at 9:00 a.m. ET, the Federal Deposit Insurance Corporation’s (FDIC) Advisory Committee on Economic Inclusion (ComE-IN) will meet in Washington, D.C. The agenda will include a presentation of the data from the 2023 FDIC Household Survey of the Unbanked and Underbanked, a discussion of qualitative research results on consumer perspectives on financial services and banking, followed by an overview of the proposed FDIC Rulemaking on Custodial Deposit Accounts with Transaction Features and Prompt Payment of Deposit Insurance to Depositors. WHO: Chairman Martin J. Gruenberg and Other Members of the FDIC Board of Directors Senior FDIC Leadership Advisory Committee Members WHAT: Meeting of the FDIC Advisory Committee on Economic Inclusion  WHEN: Thursday, November 13, at 9:00 a.m. ET  HOW:  The meeting is open to the public. The public's means to observe this meeting of the ComE-IN meeting will be both in-person in the FDIC’s Board Room at 550 17th Street, NW, Washington, DC, and via a Webcast live on the internet.  The agenda is subject to change. Any changes to the agenda will be announced at the beginning of the meeting. Read the full agenda.  The FDIC Board of Directors established the ComE-IN in November 2006 to provide the agency with advice and recommendations on important initiatives to expand access to banking services for underserved populations.  ### MEDIA CONTACT:  LaJuan Williams-Young  lwilliams-young@fdic.gov  STAY CONNECTED