Fire & Access Control Systems.Com, Inc., d/b/a Jerry Dickerson Automatic Fire Protection

National Labor Relations Board - Unpublished Board Decisions

Aug 13, 2010

16-RC-010942 (N.L.R.B. Aug. 13, 2010)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
FIRE & ACCESS CONTROL
SYSTEMS.COM, INC., d/b/a
JERRY DICKERSON AUTOMATIC
FIRE PROTECTION
Employer
and Case 16-RC-10942
ROAD SPRINKLER FITTERS LOCAL
UNION 669, U.A., AFL-CIO
Petitioner
ORDER
Employer's Request for Reviewl of the Regional Director's Decision and
Direction of Election is denied as it raises no substantial issues warranting review. 2
WILMA B. LIEBMAN, CHAIRMAN
MARK GASTON PEARCE, MEMBER
Member Hayes, dissenting:
I would grant the Employer's Request for Review.
BRIAN E. HAYES, MEMBLR
Dated, Washington, D.C., August 13, 2010.
The Regional Director treated the Employer's request for review as a motion for reconsideration solely
with respect to the Employer's contention that the Regional Director erred in failing to establish the
statutory or discretionary jurisdiction of the Board. Subsequently, the Regional Director issued a
supplemental decision and direction of election noting that the parties had executed a new stipulation on
jurisdiction and commerce, and finding that the stipulation includes the appropriate jurisdictional standard.
No party requests review of this supplemental decision.
2 In denying review of the Regional Director's finding that the Employer failed to meet its burden of
proving that Washington has statutory supervisory authority to discipline, the Board relies on the facts that
Washington made a recommendation to remove employee Isham that was not followed, upper management
did not act on the reported incidents without conducting an independent investigation, and there was
insufficient specific evidence as to how the written report impacted the employee's job status or tenure
Further, although it is not determinative that Washington's oral warning was not initially memorialized, the
fact that it was not memorialized until upper management had undertaken an independent investigation and
had directed Washington to fill out the written report supports the Regional Director's finding that
Washington did not act with independent judgment.