Euro Motorcars Devon, Inc.

National Labor Relations Board - Unpublished Board Decisions

May 17, 2017

04-RC-181300 (N.L.R.B. May. 17, 2017)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
EURO MOTORCARS DEVON, INC.
Employer
and Case 04-RC-181300
INTERNATIONAL ASSOCIATION OF MACHINISTS
AND AEROSPACE WORKERS, AFL-CIO, DISTRICT
LODGE 15, LOCAL LODGE 447
Petitioner
ORDER
The Employer’s request for review of the Regional Director’s Decision on Objections to
Election and Certification of Representative is denied as it raises no substantial issues warranting
review.1
PHILIP A. MISCIMARRA, CHAIRMAN

1 In connection with Employer’s Objection 2—which alleges that, on the day of the election and
shortly before the election occurred, Petitioner’s Director of Organizing Vincent Addeo
participated in a loud verbal altercation with Employer Vice President Christopher Mackey
(during which both participants used profanity and Addeo called Mackey a “pink shirted
faggot”), allegedly creating an atmosphere of fear and intimidation—the Regional Director
refused to consider a 2010 federal district court opinion finding that Addeo was among a group
of three people who allegedly threatened certain individuals with physical violence during a
2006 union dispute, immediately following which the individuals were physically attacked by
others and suffered physical injuries. See McCann v. Miller, 702 F. Supp. 2d 502 (E.D. Pa.
2010). The Regional Director’s ruling was at most harmless error, and accordingly we find it
unnecessary to pass on the issue. In the context of considering Employer’s Objection 2,
Chairman Miscimarra believes it was erroneous to refuse to consider the 2010 court opinion,
which had been made known to employees in lawful campaign literature distributed by the
Employer, and Chairman Miscimarra believes the 2010 court opinion was relevant, though not
controlling, regarding the question of whether employees could have reasonably regarded
Addeo’s verbal altercation with Mackey on the day of the election as creating an atmosphere of
fear and intimidation. In Chairman Miscimarra’s view, the Regional Director’s observation that
the 2010 court opinion was “unsigned” did not warrant its exclusion because the 2010 court
opinion is a public document. Chairman Miscimarra believes the other considerations identified
by the Regional Director (e.g., the fact that the court’s findings were made in the context of
considering a motion for summary judgment) more appropriately relate to weight rather than
admissibility. Even considering the 2010 court opinion, however, Chairman Miscimarra agrees
with the denial of the Employer’s request for review because it does not raise substantial issues
warranting review.
MARK GASTON PEARCE, MEMBER
LAUREN McFERRAN, MEMBER
Dated, Washington, D.C., May 17, 2017