General Dynamics Land Systems

National Labor Relations Board - Unpublished Board Decisions

Jul 20, 2012

19-RC-076743 (N.L.R.B. Jul. 20, 2012)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
GENERAL DYNAMICS
LAND SYSTEMS
Employer
and Case 19-RC-76743
INTERNATIONAL UNION
OF OPERATING ENGINEERS,
LOCAL #286, AFL-CIO
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
MARK GASTON PEARCE, CHAIRMAN
RICHARD F. GRIFFIN, JR., MEMBER
Member Hayes, dissenting:
I would grant review. The Employer’s Request for Review raises substantial
issues warranting review as to the exclusion of the employees in the Contractor Logistics
Support ("CLS") department, the Auburn National Repair ("ANR") department, and the
Warehouse department on community-of-interest grounds. Excluding such classifications
may result in an inappropriate unit. Even under Specialty Healthcare & Rehabilitation
Center of Mobile, 357 NLRB No. 83 (2011), in which I dissented, the disputed
classifications may share an “overwhelming community of interest” with the
classifications sought by the Petitioner. In addition, those employees who are currently
deployed overseas on fixed-term temporary assignments should be included in the unit
and be eligible to vote. The Regional Director relied on case law pertaining to employees
who are permanently assigned outside of the U.S., and further erred by finding that
deployed employees do not share a community of interest with their stateside

1 In agreeing with the Regional Director that employees working overseas should not be
included in the unit, Chairman Pearce and Member Griffin rely on his finding that the
Employer has not shown that they have an overwhelming community of interest with
MFT and Retrofit mechanics and material handlers working in the United States.
2
counterparts. As the Employer contended that all unit employees share the prospect of
deployment, overseas assignments implicate terms and conditions of employment that
appear to be shared by all unit employees whether they are currently deployed or will be
in the future. Finally, the Regional Director’s “strict presumption against
extraterritoriality” is inapposite here. California Gas Transport, 347 NLRB 1314, 1316
(2006) (“extraterritorial conduct” is conduct that both occurs outside of the U.S. and
causes no effects within the U.S.); and see cases cited at fn. 10.
BRIAN E. HAYES, MEMBER
Dated, Washington, D.C., July 20, 2012.