NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,447, NEW ASSOCIATES dba HOSPITALITY CARE CENTER and 1115 NURSING HOME AND SERVICE EMPLOYEES UNION-NEW JERSEY A, A DIVISION OF 1115 DISTRICT COUNCIL, HERE, AFL-CIO., (Aug. 25, 1994), National Labor Relations Board, (Aug 25, 1994)

NEW ASSOCIATES dba HOSPITALITY CARE CENTER and 1115 NURSING HOME AND SERVICE EMPLOYEES UNION-NEW JERSEY A, A DIVISION OF 1115 DISTRICT COUNCIL, HERE, AFL-CIO.

314 NLRB No. 147.Case No. 22-CA-18606. August 25, 1994 Steven B. Fish, Administrative Law Judge..

Before Gould, Stephens and Devaney.

William E. Milks, for General Counsel. Elliot J. Mandel (Kaufman, Naness, Schneider & Rosenzweig, P.C.), Melville, New York, for Respondent. Stuart Weinberg (Richard Greenspan, P.C.), White Plains, New York, for Charging Party.

Board Jurisdiction--Coverage--Prior Federal Court Ruling.--The NLRB was not collaterally estopped from deciding an unfair labor practice case against an employer in which the issues, although previously decided by a federal district court, resulted in a settlement that was set aside in a subsequent court judgment when the employer failed to adhere to its terms. The Board, as a public agency asserting public rights, was not collaterally estopped by the resolution of private claims asserted by private parties. However, the district court’s judgment might be relevant, in the compliance stage of the proceeding, for the purpose of determining the amounts of contributions now owed to the union’s welfare and legal funds and to the union for dues and initiation fees required by a bargaining agreement. Section 10(b).

Back reference: ¶5515.15.

Unilateral Changes by Employer--Fact Finding--Discontinuance of Contributions.--By ceasing to make contractually required payments to a union’s welfare and legal funds, ceasing to remit dues and initiation fees, and failing to remit on a timely basis initiation fees to the union as required by a bargaining agreement, an employer unlawfully refused to bargain. Section 8(a)(5) and (1).

From Text of Board’s Decision

The Board has considered the decision and the record in light of the exceptions [1] and briefs and has decided to affirm the judge’s rulings, findings, and conclusions and to adopt the recommended Order.

In its exceptions, the Respondent argues that, in light of the stipulation of settlement and judgment entered into before the United States District Court, District of New Jersey, “it would be inappropriate, and a waste of the National Labor Relations Board scarce resources to further pursue this matter.” Initially, we note that the stipulation of settlement and judgment was set aside by the District Court in its subsequent judgment dated January 3, 1994, in which the District Court found that the Respondent failed to adhere to the stipulation of settlement and therefore rendered a judgment in favor of the Union. To the extent that the Respondent is arguing that the Board should be collaterally estopped from deciding the instant unfair labor practice case because the issues have already been decided by the District Court’s judgment, we disagree. The Board “as a public agency asserting public rights should not be collaterally estopped by the resolution of private claims asserted by private parties.” Field Bridge Associates, [1991-92 CCH NLRB ¶17,118] 306 NLRB 322 (1992), enfd. [124 LC ¶10,524] 982 F.2d 845 (2d Cir. 1993). Accordingly, the Board is not estopped from deciding the instant unfair labor practice issues. We note, however, that the District Court’s judgment may be relevant, in the compliance stage of this proceeding, for the purpose of determining the amounts of contributions now due. The Respondent will not be required to make duplicate payments to the Union or the funds for any particular objection.

NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,447, NEW ASSOCIATES dba HOSPITALITY CARE CENTER and 1115 NURSING HOME AND SERVICE EMPLOYEES UNION-NEW JERSEY A, A DIVISION OF 1115 DISTRICT COUNCIL, HERE, AFL-CIO., (Aug. 25, 1994), National Labor Relations Board, (Aug 25, 1994)

NEW ASSOCIATES dba HOSPITALITY CARE CENTER and 1115 NURSING HOME AND SERVICE EMPLOYEES UNION-NEW JERSEY A, A DIVISION OF 1115 DISTRICT COUNCIL, HERE, AFL-CIO.

314 NLRB No. 147.Case No. 22-CA-18606. August 25, 1994 Steven B. Fish, Administrative Law Judge..

Before Gould, Stephens and Devaney.

Back reference: ¶5515.15.

NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,447, NEW ASSOCIATES dba HOSPITALITY CARE CENTER and 1115 NURSING HOME AND SERVICE EMPLOYEES UNION-NEW JERSEY A, A DIVISION OF 1115 DISTRICT COUNCIL, HERE, AFL-CIO., (Aug. 25, 1994), National Labor Relations Board, (Aug 25, 1994)

From Text of Board’s Decision

Footnotes

NLRB Cases Archive 1960 - 1995, LABOR-RELATIONS 1993-94 CCH-NLRB ¶15,447, NEW ASSOCIATES dba HOSPITALITY CARE CENTER and 1115 NURSING HOME AND SERVICE EMPLOYEES UNION-NEW JERSEY A, A DIVISION OF 1115 DISTRICT COUNCIL, HERE, AFL-CIO., (Aug. 25, 1994), National Labor Relations Board, (Aug 25, 1994)

From Text of Board’s Decision

Footnotes