Bilfinger Industrial Services, Inc.

National Labor Relations Board - Unpublished Board Decisions

Apr 26, 2018

14-UD-194983 (N.L.R.B. Apr. 26, 2018)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
BILFINGER INDUSTRIAL SERVICES, INC.
Employer
and Case 14-UD-194983
SCOTT ANTHONY CRADER
Petitioner
and
CRAFTSMAN INDEPENDENT UNION
Union
ORDER
The Union’s Request for Review of the Regional Director’s Decision and Certification of
Results of Election is denied as it raises no substantial issues warranting review.1
MARK GASTON PEARCE, MEMBER
LAUREN McFERRAN, MEMBER
MARVIN E. KAPLAN, MEMBER
Dated, Washington, D.C., April 26. 2018.

1 We agree with the Regional Director (and the Hearing Officer) that Objection 1 should
be overruled, as the Union has not met its heavy burden to show that the two letters,
disseminated to the voting unit, had the tendency to interfere with the employees’ freedom of
choice. We therefore find it unnecessary to pass on the question whether the Employer was
afforded sufficient notice of the Union’s theory underlying Objection 1.
Member Kaplan would also find, in agreement with the Regional Director (and the
Hearing Officer), that the arguments the Union has advanced based on Objection 1 did not afford
the Employer procedural due process. Nothing in Objection 1 or the Joint Motion and
Stipulation of Facts gave the Employer notice that the Union would press a claim that the two
letters described in Objection 1 were objectionable when read in the context of “inherently
threatening” provisions contained in the parties’ collective-bargaining agreement. Further,
nothing in the wording of Objection 1, the letters, or the Stipulation links the contract provisions
the Union now cites (or the negotiations that gave rise to them) to Objection 1 specifically.
Member Emanuel took no part in the consideration of this case.