GARDA CL ATLANTIC, INC.

National Labor Relations Board - Unpublished Board Decisions

Oct 3, 2017

29-RC-197242 (N.L.R.B. Oct. 3, 2017)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
GARDA CL ATLANTIC, INC.
Employer
and
SPECIAL AND SUPERIOR OFFICERS Case 29-RC-197242
BENEVOLENT ASSOCIATION
Petitioner
and
UNITED FEDERATION OF SPECIAL
POLICE AND SECURITY OFFICERS
Intervenor
ORDER
The Intervenor’s request to stay the election scheduled for October 4, 2017, is denied.1
PHILIP A. MISCIMARRA, CHAIRMAN
MARK GASTON PEARCE, MEMBER
MARVIN E. KAPLAN, MEMBER
Dated, Washington, D.C., October 3, 2017.

1 This request for extraordinary relief involves application of the Board’s Election Rule, with which
Chairman Miscimarra continues to disagree for the reasons that he and former Member Johnson stated in their
dissenting views regarding the Rule. See 79 Fed. Reg. 74308, at 174430-74460 (December 15, 2014) (dissenting
views of Member Miscimarra and Member Johnson). In the instant case, Chairman Miscimarra agrees with the
denial of the Intervenor’s request to stay the election, without prejudice to the Board’s consideration of the
Intervenor’s pending Request for Review.
Member Kaplan expresses no view with respect to whether he agrees or disagrees with revisions made by
the Election Rule, but he does agree that it applies here and warrants denial of the Intervenor’s request to stay the
election, without prejudice to the Board’s subsequent consideration of the merits of the request for review of the
Acting Regional Director’s Decision and Direction of Election.