APTIM FEDERAL SERVICES, LLC, A MANAGING PARTNER OF HDSS, LLC

National Labor Relations Board - Unpublished Board Decisions

Mar 25, 2020

31-RC-242329 (N.L.R.B. Mar. 25, 2020)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
APTIM FEDERAL SERVICES, LLC,
A MANAGING PARTNER OF HDSS,
LLC
Employer
and Case 31-RC-242329
TEAMSTERS, CHAUFFEURS,
WAREHOUSMEN, INDUSTRIAL AND ALLIED
WORKERS OF AMERICA, LOCAL 166
Petitioner
ORDER
The Employer’s Request for Review of the Regional Director’s Decision and Direction of
Election is denied as it raises no substantial issues warranting review.1
JOHN F. RING, CHAIRMAN
MARVIN E. KAPLAN, MEMBER
WILLIAM J. EMANUEL, MEMBER
Dated, Washington D.C., March 25, 2020.
1 In denying review of the Regional Director’s finding that the Employer has not established that the
petitioned-for employees possess the authority to assign employees, we do not rely on her citation to Rockspring
Development, Inc., 353 NLRB 1041 (2009), a two-member Board decision. See New Process Steel, L.P. v. NLRB,
560 U.S. 674 (2010). We also do not rely on her discussion of Entergy Mississippi, Inc., 357 NLRB 2150 (2011),
which was reversed and remanded in relevant part, see 810 F.3d 287 (5th Cir. 2015), and in which the Board
subsequently concluded that the individuals at issue possessed the authority to assign employees to places using
independent judgment. See 367 NLRB No. 109 (2019).
In denying review of the Regional Director’s finding that the Employer has not established that the
petitioned-for employees effectively recommend hiring, we agree with her conclusion that there is no evidence
indicating that the battalion chiefs or the fire prevention chief exercise independent judgment in making hiring
recommendations. We do not, however, rely on her statement that the fire prevention chief’s recommendation of the
“most qualified applicant” for hire necessarily represented a “self-evident choice” under Oakwood Healthcare, 348
NLRB 686, 693 (2006).