AvalonBay Communities, Inc.

National Labor Relations Board - Unpublished Board Decisions

Aug 26, 2020

02-RC-238385 (N.L.R.B. Aug. 26, 2020)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
AVALONBAY COMMUNITIES, INC.
Employer
and Case 02-RC-238385
LOCAL 30, INTERNATIONAL UNION
OF OPERATING ENGINEERS, AFL-CIO
Petitioner
ORDER
The Employer’s Request for Review of the Regional Director’s Decision and
Certification of Representative is denied as it raises no substantial issues warranting review.1
We deny the Employer’s request for a stay of the certification as moot.
JOHN F. RING, CHAIRMAN
MARVIN E. KAPLAN, MEMBER
WILLIAM J. EMANUEL, MEMBER
Dated, Washington, D.C., August 26, 2020.
1 In denying review, we agree with the Regional Director that the Employer did not meet its
burden to establish that its Maintenance Supervisors constitute statutory supervisors.
Accordingly, we do not reach the question of whether they engaged in supervisory taint under
the standard set forth in Harborside Healthcare, Inc., 343 NLRB 906 (2004). We also do not
rely on the Regional Director’s citation to Loyalhanna Health Care Associates, 352 NLRB 863
(2008), as it is a two-member Board decision. See New Process Steel, L.P. v. NLRB, 560 U.S.
674 (2010).
In denying review, Member Kaplan does not pass on the status of the Maintenance
Supervisors because, even assuming that those individuals are statutory supervisors, the
Employer did not meet its burden to show that their conduct tainted the election.