Flex-N-Gate Chicago, LLC

National Labor Relations Board - Unpublished Board Decisions

Nov 23, 2020

13-RC-265966 (N.L.R.B. Nov. 23, 2020)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
FLEX-N-GATE CHICAGO, LLC
Employer
and Case 13-RC-265966

INTERNATIONAL UNION, UNITED AUTOMOBILE,
AEROSPACE AND AGRICULTURAL IMPLEMENT
WORKERS OF AMERICA-UAW
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
On November 9, 2020, the Board issued its decision in Aspirus Keweenaw, 370 NLRB
No. 45 (2020), which sets forth the guidelines and parameters applicable to determining the
propriety of a mail-ballot election under the current circumstances of the Covid-19 pandemic.

In denying review, we note that the direction of a mail-ballot election was consistent with
the concerns articulated in Aspirus Keweenaw. Moreover, the election has been held and setting
it aside would result in waste of resources and delay and would be a disservice to the employees
who cast their ballots in good faith. Denying review is also warranted because the current trend
in new cases in the City of Chicago, where the Employer’s facility is located, would support a
mail-ballot election under Aspirus Keweenaw if this election were set aside and a new
determination were to be made now.2 Under all of the foregoing circumstances, we find no
reason to overturn the Regional Director’s determination.
JOHN F. RING, CHAIRMAN
1 We also deny the Employer’s Emergency Motion to Stay the Election as moot.
2 As of the date of this Order, the 14-day trend in the number of new cases in the City of
Chicago is increasing, and the 14-day testing positivity rate has remained at a sustained rate of
over 10.0%. https://www.chicago.gov/city/en/sites/covid-19/home/covid-dashboard.html.
Member McFerran agrees to deny review of the Regional Director’s Decision and
Direction of Election for the reasons given in her separate opinion in Aspirus. She further
agrees, however, that setting aside the election at this point would be inefficient and unfair to the
unit employees, and that, even under the majority opinion in Aspirus, the Regional Director’s
decision should be affirmed based on the recent positivity rate statistics set out above.
2
WILLIAM J. EMANUEL, MEMBER
LAUREN McFERRAN, MEMBER
Dated, Washington, D.C., November 23, 2020.