ClarkWestern Dietrich Building Systems, LLC

National Labor Relations Board - Unpublished Board Decisions

Sep 16, 2020

01-RC-264014 (N.L.R.B. Sep. 16, 2020)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
CLARKWESTERN DIETRICH BUILDING
SYSTEMS, LLC
Employer
and Case 01-RC-264014

UNITED STEEL, PAPER AND FORESTRY,
RUBBER, MANUFACTURING, ENERGY,
ALLIED INDUSTRIAL AND SERVICE WORKERS
INTERNATIONAL UNION, AFL-CIO-CLC
Petitioner
ORDER
The Employer’s Emergency Motion to Stay the Election is granted. The Employer’s
Request for Review of the Acting Regional Director’s Decision and Direction of Election also is
granted, as it raises substantial issues warranting review.
JOHN F. RING, CHAIRMAN
MARVIN E. KAPLAN, MEMBER
WILLIAM J. EMANUEL, MEMBER
Dated, Washington, D.C., September 16, 2020.
MEMBER McFERRAN, dissenting.
Unlike my colleagues, I would deny the Employer’s requests for a stay and review of the
Acting Regional Director’s decision to order a mail-ballot election due to the threat posed by the
COVID-19 pandemic. It is well established that the mechanics of an election, including whether
it is to be conducted by mail ballot, are within the discretion of the Regional Director. See San
Diego Gas & Electric, 325 NLRB 1143, 1144 (1998). Here, the Acting Regional Director fully
considered all the relevant circumstances, including those supporting the Employer’s argument
for a manual election, but on balance concluded that a mail-ballot election was warranted in this
particular case. Although individual Board Members might have struck the balance differently
were they deciding the case in the first instance, that is not the applicable standard. Applying the
correct standard, there is no basis to conclude that the Acting Regional Director “clearly abused”
his discretion. National Van Lines, 120 NLRB 1343, 1346 (1958). Accordingly, I dissent.
Dated, Washington, D.C., September 16, 2020.
_____________________________________
Lauren McFerran, Member
NATIONAL LABOR RELATIONS BOARD