ADT, LLC

National Labor Relations Board - Unpublished Board Decisions

Jun 22, 2017

16-RM-123509 (N.L.R.B. Jun. 22, 2017)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
ADT, LLC
Employer-Petitioner
and Case 16-RM-123509
COMMUNICATION WORKERS
OF AMERICA, LOCAL 6215
Union
ORDER
The Employer-Petitioner’s Motion for Reconsideration of the Board’s May 17, 2017
Decision on Review and Order, 365 NLRB No. 77 (2017), is denied. The Employer-Petitioner
has not demonstrated extraordinary circumstances warranting reconsideration under Section
102.65(e)(1) of the Board’s Rules and Regulations.1
PHILIP A. MISCIMARRA, CHAIRMAN
MARK GASTON PEARCE, MEMBER
LAUREN McFERRAN, MEMBER

Dated, Washington, D.C., June 22, 2017.

1 Chairman Miscimarra agrees that the Employer-Petitioner’s motion should be denied because
it has not demonstrated extraordinary circumstances warranting reconsideration of the Board’s
decision to dismiss the petition. However, the Chairman adheres to the position expressed in his
dissent that he would affirm the Regional Director’s decision to process the petition in the
underlying case because the Union has taken measures that can only be understood as a claim for
recognition in the consolidated unit of technicians, and further, that the merger of an existing
group of represented technicians with a larger group of unrepresented technicians who had
previously worked for the acquired company sufficiently calls into question the continuing
majority status of the Union in the only appropriate unit.