Dover Caterers Ind d/b/a d/b/a Dover College Services Inc

National Labor Relations Board - Board Decisions

Sep 30, 2014

361 N.L.R.B. 682 (N.L.R.B. 2014)

682 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
Dover Hospitality Services, Inc. a/k/a Dover Caterers,
Inc., a/k/a Dover College Services, Inc. and Lo-
cal 1102 of the Retail, Wholesale & Department
Store Union, United Food & Commercial Work-
ers Union. Case 29–CA–030591
September 30, 2014
DECISION AND ORDER
BY CHAIRMAN PEARCE AND MEMBERS MISCIMARRA
AND HIROZAWA
On July 12, 2012, the Board issued a Decision and Or-
der in this proceeding, which is reported at 358 NLRB
710. Thereafter, the General Counsel filed an application
for enforcement in the United States Court of Appeals
for the Second Circuit.
At the time of the Decision and Order, the composition
of the Board included two persons whose appointments
to the Board had been challenged as constitutionally in-
firm. On June 26, 2014, the United States Supreme
Court issued its decision in NLRB v. Noel Canning, 134
S.Ct. 2550 (2014), holding that the challenged appoint-
ments to the Board were not valid. Thereafter, the court
of appeals vacated the Board’s Decision and Order and
remanded this case for further proceedings consistent
with the Supreme Court’s decision.
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
In view of the decision of the Supreme Court in NLRB
v. Noel Canning, supra, we have considered de novo the
judge’s decision and the record in light of the exceptions
and briefs. We have also considered the now-vacated
Decision and Order, and we agree with the rationale set
forth therein. Accordingly, we adopt the judge’s rulings,
findings, and conclusions and adopt the judge’s recom-
mended Order1 to the extent and for the reasons stated in
the Decision and Order reported at 358 NLRB 710,
which is incorporated herein by reference.

MEMBER MISCIMARRA, concurring.
I concur in this case and agree, for the reasons stated
by the judge, that the Respondent violated Section
8(a)(5) and (1) of the Act when it failed and refused to
furnish information the Union requested on January 5,
2011, and I join in adopting the judge’s recommended
Order.1 Although I agree with the judge’s decision, I
1 We shall substitute a new notice in accordance with our decision in
Durham School Services, 360 NLRB 694 (2014).
1 I also agree that the Respondent’s exceptions and brief substantial-
ly comply with the requirements of Sec. 102.46 of the Board’s Rules
and Regulations, that there is no basis upon which to reverse the
judge’s credibility resolutions under Standard Dry Wall Products, 91
NLRB 544 (1950), enfd. 188 F.2d 362 (3d Cir. 1951), and that the
would make two observations not addressed by the
judge. First, I do not pass or rely on the judge’s state-
ments that the obligation to disclose requested infor-
mation is unaffected by potential “other uses” or other
“pending litigation” involving benefit funds.2 Second, to
the extent the requested documents encompassed finan-
cial information concerning locations other than the two
facilities at issue in this case, the requests in this respect
may have been overbroad.3 These points may very well
be relevant if similar issues arise in other cases, but the
Employer’s failure to respond at all to the Union’s Janu-
ary 5, 2011 requests means these potential defenses were
not timely raised.
For these reasons, I concur in this matter.
APPENDIX
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government

The National Labor Relations Board has found that we vio-
lated Federal labor law and has ordered us to post and obey
this notice.
FEDERAL LAW GIVES YOU THE RIGHT TO
Form, join, or assist a union
Choose representatives to bargain with us on
your behalf
Act together with other employees for your bene-
fit and protection
Choose not to engage in any of these protected
activities.

WE WILL NOT refuse to bargain in good faith with Lo-
cal 1102 of the Retail Wholesale & Department Store
Union, United Food & Commercial Workers Union by
declining to furnish information relevant and necessary
to the Union’s performance of its duties as the exclusive
representative of our employees in the following appro-
priate unit:

Union did not waive its right to the requested information by waiting 8
months after the Respondent claimed inability to pay to make its re-
quest.
2 For example, it is well established that requests for financial infor-
mation, even if relevant, can implicate potential confidentiality con-
cerns that, if timely raised, may result in an obligation for the parties to
engage in bargaining regarding potential ways to accommodate such
concerns. See, e.g., Silver Bros. Co., 312 NLRB 1060 (1993). In the
instant case, however, the Respondent did not respond to the Union’s
request for financial information, and therefore it did not raise any
potential confidentiality defense in a timely manner.
3 Here as well, the Respondent’s failure to respond in any manner to
the Union’s requests means such a defense was not timely raised, which
would prevent it from being considered at this juncture.
361 NLRB No. 60

DOVER HOSPITALITY SERVICES, INC. 683
All regularly employed kitchen, dining room, bar, cafe-
teria, kiosk and cart employees employed by us at the
Suffolk County Community College Selden Campus
and the grill employees employed by us at the Suffolk
County Community College Brentwood Campus, ex-
cluding, however, all cooks, custodians, university stu-
dents, causal employees as defined in Article 2, office
and clerical employees, supervisors and guards as de-
fined in the Act.

WE WILL NOT in any like or related manner interfere
with, restrain, or coerce you in the exercise of the rights
listed above.
WE WILL provide the Union with the information re-
quested by its letter of January 5, 2011.

DOVER HOSPITALITY SERVICES, INC. A/K/A
DOVER CATERERS, INC., A/K/A DOVER COLLEGE
SERVICES, INC.
The Board’s decision can be found at
www.nlrb.gov/case/29–CA–030591 or by using the QR
code below. Alternatively, you can obtain a copy of the
decision from the Executive Secretary, National Labor Re-
lations Board, 1099 14th Street, N.W., Washington, D.C.
20570, or by calling (202) 273-1940.