Altura Communications Solutions

National Labor Relations Board - Unpublished Board Decisions

Jan 22, 2010

13-UC-000422 (N.L.R.B. Jan. 22, 2010)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
ALTURA COMMUNICATIONS SOLUTIONS
Employer-Petitioner
and Case 13-UC-422
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, LOCAL 21
Union
and
ELECTRICAL WORKERS UNION, LOCAL 103
INTERNATIONAL BROTHERHOOD OF ELECTRICAL
WORKERS
Union
and
LOCAL UNION 98, INTERNATIONAL BROTHERHOOD
OF ELECTRICAL WORKERS
Union
ORDER
Electrical Workers Union, Local 103, International Brotherhood of Electrical
Workers' Request for Review of the Acting Regional Director's Decision and
Cla*fication of Bargaining Unit is denied as it raises no substantial issues warranting
review. I
I Effective midnight December 28, 2007, Members Liebman, Schaumber, Kirsanow, and Walsh delegated
to Members Liebman, Schaumber, and Kirsanow, as a three-member group, all of the Board's powers in
anticipation of the expiration of the terms of Members Kirsanow and Walsh on December 31, 2007.
Pursuant to this delegation, Chairman Liebman and Member Schaumber constitute a quor-um of the three-
member group. As a quorum they have the authority to issue decisions and orders in unfair labor practice
and representation cases. See Sec. 3(b) of the Act. See Teamsters Local 523 v. NLRB, _F.3d_, 2009
WL 4912300 (1 Oth Cir. Dec. 22, 2009); Narricot Industries, L.P. v. NLRB ' 587 F.3d 654 (4th Cir. 2009);
Snell Island SNF LLC v. NLRB 568 F.3d 410 (2d Cir. 2009), petition for cert. filed 78 U.S.L.W. 3130
(U.S. Sept. 11, 2009) (No. 09-328); New Process Steel v. NLRB, 564 F.3d 840 (7th Cir. 2009), cert.
granted 130 S.Ct. 488 (2009); Northeastern Land Services v. NLRB, 560 F.3d 36 (1 st Cir. 2009), petition
for cert. filed 78 U.S.L.W. 3098 (U.S. Aug. 18, 2009) (No. 09-213). But see Laurel Baye Healthcare of
Lake Lanier, Inc. v. NLRB, 564 F.3d 469 (D.C. Cir. 2009), petition for cert. filed 78 U.S.L.W. 3185 (U.S.
Sept. 29, 2009) (No. 09-377).
In denying review, we have applied the well-established standard set forth in Safeway Stores, Inc.,
256 NLRB 918 (1981) (foomote omitted), under which "the Board has found a valid accretion only when
the additional employees have little or no separate group identity and thus cannot be considered to be a
separate appropriate unit and when the additional employees share an overwhelming community of interest
with the preexisting unit to which they are accreted." See also Milwaukee City Center, 354 NLRB No. 77
(2009) (same).
WILMA B. LIEBMAN, CHAIRMAN
PETER C. SCHAUMBER, MEMBER
Dated, Washington, D.C., January 22, 2010.
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