Douglas Emmett Management, LLC

National Labor Relations Board - Unpublished Board Decisions

Jun 25, 2021

31-RM-264415 (N.L.R.B. Jun. 25, 2021)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
DOUGLAS EMMETT MANAGEMENT, LLC
Employer-Petitioner
and Case 31-RM-264415

INTERNATIONAL UNION OF OPERATING
ENGINEERS, LOCAL 501
Union
ORDER
The Union’s Request for Review of the Regional Director’s Decision Disposing of
Objections and Determinative Challenges is denied as it raises no substantial issues warranting
review.1
MARVIN E. KAPLAN, MEMBER
WILLIAM J. EMANUEL, MEMBER
CHAIRMAN McFERRAN, dissenting.
1 In denying review, we agree with the Regional Director that the Union’s objections
should be overruled, as the Union’s offer of proof does not allege any objectionable conduct
occurring during the critical period, even assuming arguendo that the critical period began on
April 7, 2020, as the Union contends. See Ideal Electric Mfg. Co., 134 NLRB 1275, 1278 (1961).
And, with respect to the Regional Director’s overruling of the Union’s challenges, we observe
that the Union has failed to proffer any evidence that the relevant employees “were [transferred]
for the sole purpose of voting in the election and therefore should be excluded from the unit as
temporary employees,” especially as the transfers occurred several months before any of the RM
petitions were filed and it appears the transferees have remained in their unit as permanent
employees ever since. See Supermarkets of Dunbar, 178 NLRB 206, 206 (1969).
However, we do not rely on the Acting General Counsel’s dismissal of the unfair labor
practice charge in Case 31-CA-258802 in overruling the majority of the Union’s objections and
challenges. The dismissal resolved only the specific allegation that the Employer-Petitioner
violated the National Labor Relations Act by failing to bargain over the transfers of several
employees into the relevant unit. It did not resolve whether the transfers were objectionable in
other respects, as some of the Union’s objections allege, or whether the transfers rendered the
transferees ineligible to vote.
I would grant review based on the substantial issues raised by the Union in its Request for
Review of the Regional Director’s Decision Disposing of Objections and Determinative
Challenges.
LAUREN McFERRAN, CHAIRMAN
Dated, Washington, D.C., June 25, 2021.