Garda CL Southwest

National Labor Relations Board - Board Decisions

Aug 21, 2018

14-RC-209886 (N.L.R.B. Aug. 21, 2018)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
GARDA CL SOUTHWEST
Employer
and Case 14-RC-209886
INTERNATIONAL UNION, SECURITY, POLICE AND
FIRE PROFESSIONALS OF AMERICA (SPFPA)
Petitioner
ORDER
The Employer’s Request for Review of the Regional Director’s Decision and
Direction of Third Election is denied as it raises no substantial issues warranting
review.1
JOHN F. RING, CHAIRMAN
LAUREN McFERRAN, MEMBER
MARVIN E. KAPLAN, MEMBER
Dated, Washington, D.C., August 21, 2018.

1 Chairman Ring and Member Kaplan express no view with respect to whether they
agree or disagree with revisions made by the Board’s Election Rule, but they agree that
it applies here and warrants denial of the Employer’s request for review in this case.
Further, Chairman Ring and Member Kaplan observe that this case
demonstrates how certain revisions made by the Board’s Election Rule have led to
unintended and illogical results. Unlike prior case precedent permitting analysis as to
whether an employer substantially complied with the voter list requirements despite
untimely service, Sec.102.62(d) does not allow regional directors discretion to excuse
untimely service of a voter list. URS Federal Services, Inc., 365 NLRB No. 1 (2016);
see also Pole-Lite Industries, 229 NLRB 196, 197 (1977). In this case, the Petitioner
had an initial voter list for 76 days and a second voter list (with one additional name) for
21 days before the rerun election occurred. Yet, the newly imposed Sec. 102.62(d) of
the Election Rule, as interpreted by URS Federal Services, requires that the rerun
election be set aside and a third election directed based on the Employer’s service of
the second voter list one day late. At minimum, a third election is an additional expense
for the parties; at most, a third election is a potential frustration of the employees’ free
choice regarding union representation.