Green JobWorks, LLC

National Labor Relations Board - Unpublished Board Decisions

Apr 6, 2020

05-CA-168637 (N.L.R.B. Apr. 6, 2020)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
GREEN JOBWORKS, LLC
and Case 05-CA-168637
CONSTRUCTION AND MASTER LABORERS’
LOCAL UNION 11, A/W LABORERS’
INTERNATIONAL UNION OF NORTH AMERICA
(LIUNA)
ORDER DENYING MOTION FOR RECONSIDERATION
The Charging Party’s Motion for Reconsideration of the Board’s Order Denying
Motion and Remanding reported at 369 NLRB No. 20 (2020) is denied. The Charging
Party has not identified any material error or demonstrated extraordinary circumstances
warranting reconsideration under Section 102.48(c)(1) of the Board’s Rules and
Regulations.1
Dated, Washington, D.C., April 6, 2020.
John F. Ring, Chairman
Marvin E. Kaplan, Member
William J. Emanuel, Member
1 The Union contends that the Board failed to consider the potential impact that
remanding the underlying representation case could have on the Union’s existing
certification as the exclusive representative of a separate unit of employees jointly
employed by the Respondent and Retro Environmental. See Retro Environmental,
Inc./Green JobWorks, LLC, 365 NLRB No. 133, enfd. mem. 738 Fed.Appx. 200 (4th Cir.
2018). The Board did consider that issue, however, inasmuch as the Union raised it in
responding to the Respondent’s opposition to the General Counsel’s motion for
summary judgment. In any event, the Union’s argument is premature because the
Regional Director has not yet had an opportunity to consider the parties’ arguments and
make a determination regarding the appropriateness of the unit under PCC Structurals,
365 NLRB No. 160 (2017). The Union may appropriately raise its concern before the
Regional Director on remand.