Arakelian Enterprises, Inc. d/b/a/ Athens Services

National Labor Relations Board - Unpublished Board Decisions

May 27, 2020

31-RD-223309 (N.L.R.B. May. 27, 2020)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
ARAKELIAN ENTERPRISES, INC.
d/b/a ATHENS SERVICES
Employer
and Case 31-RD-223309
ERNESTO CALVILLO
Petitioner
and
TEAMSTERS LOCAL 396
Union
ORDER
The Employer’s Request for Review of the Regional Director’s Decision to Block the RD
Petition is denied as it raises no substantial issues warranting review,1 and its Request for
Extraordinary Relief is denied as moot.
JOHN F. RING, CHAIRMAN
MARVIN E. KAPLAN, MEMBER
WILLIAM J. EMANUEL, MEMBER
Dated, Washington D.C., May 27, 2020.
1 In denying review, we are mindful of the fact that the petition in this case was filed on July 6,
2018 and has been held in abeyance since then without an election. However, we find that the
Regional Director’s decision to continue blocking the petition was permissible under the
representation-case procedures currently in effect. Although we are troubled by the extreme
delay in processing the petition, the circumstances currently before us fall short of establishing
that the Regional Director abused her discretion under current law. We observe, however, that
the Regional Director’s decision in this regard raises many of the concerns that led the Board to
recently adopt changes to the blocking charge policy. See 85 Fed. Reg. 18366 (Apr. 1, 2020).
Those amendments are not effective until July 31, 2020, however. 85 Fed. Reg. 20156 (Apr. 10,
2020).