/>iSummarized Board Decisions
AdvoServ of New Jersey, Inc. (22-CA-131230; 363 NLRB No. 143) Hewitt, NJ, March 11, 2016.
The Board affirmed the Administrative Law Judge’s finding that the Respondent violated Section 8(a)(3) and (1) by discharging an employee because he engaged in union activity. The Board also adopted the judge’s finding, pursuant to the General Counsel’s alternative allegation, that the Respondent independently violated Section 8(a)(1) by discharging that employee for conduct that occurred during the course of his protected, concerted activity. Member McFerran joined her colleagues in finding that the termination violated Section 8(a)(3), but she found it unnecessary to pass on the judge’s finding that the termination also independently violated Section 8(a)(1).
The Board also modified the judge’s recommended tax compensation and Social Security Administration reporting remedies under Don Chavas, LLC d/b/a Tortillas Don Chavas, 361 NLRB No. 10 (2014). The Board’s modifications require the Respondent, within 21 days of the date the amount of backpay is fixed, to file a report allocating backpay to the appropriate calendar years with the Regional Director, rather than with the Social Security Administration. The Board noted that this modified remedy will apply in all pending and future cases involving a backpay order.
Charges filed by 1199 SEIU, United Healthcare Workers East, New Jersey Region. Administrative Law Judge Steven Fish issued his decision on September 18, 2015. Chairman Pearce and Members Hirozawa and McFerran participated.
