Bombardier Transportation Holding USA Inc.

National Labor Relations Board - Unpublished Board Decisions

Jul 6, 2021

04-RC-271607 (N.L.R.B. Jul. 6, 2021)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
BOMBARDIER TRANSPORTATION
HOLDING USA, INC.
Employer
and Case 04-RC-271607
AMERICAN TRAIN DISPATCHERS ASSOCIATION
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
LAUREN McFERRAN, CHAIRMAN
WILLIAM J. EMANUEL, MEMBER
JOHN F. RING, MEMBER
Dated, Washington, D.C., July 6, 2021
1 The Employer contends that the Regional Director erred in relying on Alternate
Concepts, Inc., 358 NLRB 292 (2012), a recess-Board decision invalidated by NLRB v. Noel
Canning, 573 U.S. 513 (2014). Although the Regional Director referenced Alternate Concepts,
his decision made clear that he was not relying on that case. And even if the Regional Director’s
decision could be read to rely on Alternate Concepts, in denying review we do not rely on that
case.