Summarized Board Decisions

King’s Fire Protection, Inc. and its alter ego Warrior Sprinkler, LLC  (05-CA-036094 and 05-CA-036312; 362 NLRB No. 129)  Mechanicsburg, PA, June 23, 2015.

In view of the Supreme Court’s decision in NLRB v. Noel Canning, 134 S.Ct. 2550 (2014), the Board considered de novo the Administrative Law Judge’s decision and order.  For the reasons stated in its now-vacated Decision and Order reported at 358 NLRB No. 156, a Board panel majority consisting of Members Hirozawa and McFerran adopted the Judge’s conclusion that the Respondents and the Charging Party Union had a bargaining relationship governed by Section 9(a), rather than Section 8(f), of the Act, and that the Respondents unlawfully terminated the bargaining relationship and failed to abide by all of the terms of the bargaining agreement that expired on March 31, 2010.  The Board majority relied solely on the language of the parties’ 2005 assent and interim agreement that comported with the requirements of Central Illinois Construction (Staunton Fuel) 335 NLRB 717 (2001), for establishing a bargaining relationship under Section 9(a) in the construction industry. Member Miscimarra, dissenting in part, found that the language in the 2005 assent and interim agreement was insufficient to rebut the presumption that the bargaining relationship was governed by Section 8(f) because he found that record evidence undermined that agreement’s representation that the Union had established majority support.  He concurred in finding that the Respondents violated the Act to the extent that they failed to apply the terms of the parties’ 2007-2010 contract prior to its expiration. Charge filed by Road Sprinklers Fitters, Local Union No. 669, U.A., AFL-CIO.  Administrative Law Judge Bruce D. Rosenstein issued his decision on July 28, 2011.  Members Miscimarra, Hirozawa, and McFerran participated.