This National Labor Relations Board (NLRB) decision, Case 12-CA-340701, involves United Parcel Service, Inc. as the Respondent and James H. Cotter as the charging party. Administrative Law Judge Jeffrey P. Gardner issued a decision on January 13, 2026, finding that the Respondent did not engage in unfair labor practices as alleged in the complaint. Consequently, Judge Gardner dismissed the complaint in its entirety.

The Board reviewed the case and, finding that no exceptions were filed by either party within the allotted time, adopted the findings and conclusions of Administrative Law Judge Gardner. As a result, the recommended order of the Administrative Law Judge became the official Order of the Board, and the complaint against United Parcel Service, Inc. was dismissed.

Significant Cases Cited

• NLRB v. Gissel Packing Co., 395 U.S. 575 (1969): This case established the NLRB's authority to issue bargaining orders in cases where an employer's unfair labor practices have made a fair election impossible.
• NLRB v. Physical Therapy Assocs., Inc., 666 F.2d 107 (5th Cir. 1982): This decision outlines the criteria for determining whether an employer's actions constitute an unlawful threat or interrogation under the National Labor Relations Act.
• The Standard Register Co., 191 NLRB 404 (1971): This case addressed the principles for evaluating employer conduct during union organizing campaigns, distinguishing between protected management rights and unlawful interference.
• Jays Foods, Inc., 209 NLRB 129 (1974): This decision clarified the scope of employer interrogation of employees regarding union activities, focusing on whether the questions tended to be coercive.
• Halls Motor Transit Co., 207 NLRB 519 (1973): This case discussed the legal framework for analyzing employer discipline or discharge of employees for union-related activities, focusing on discriminatory intent.

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