J & K Mechanical, Inc.

National Labor Relations Board - Unpublished Board Decisions

Feb 3, 2012

07-RM-069501 (N.L.R.B. Feb. 3, 2012)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
J & K MECHANICAL, INC.
Employer/Petitioner
and Case 07-RM-069501

LOCAL 33, SHEET METAL WORKERS’
INTERNATIONAL ASSOCIATION, AFL-CIO
Union

ORDER
Union’s Request for Review of the Acting Regional Director’s Decision and Direction
of Election is denied as it raises no substantial issues warranting review.1
MARK GASTON PEARCE, CHAIRMAN
BRIAN E. HAYES, MEMBER
RICHARD F. GRIFFIN, JR., MEMBER

Dated, Washington, D.C., February 3, 2012.

1 In denying review, we find it unnecessary to rely on the Acting Regional Director’s finding that the
Employer was not bound by the successor agreements negotiated by the Union in 2011 in light of our
finding that the relationship between the Employer and the Union was at all pertinent times governed by
Sec. 8(f). John Deklewa & Sons, 282 NLRB 1375, 1385, 1387 (1987), enfd. sub nom. Iron Workers, Local
3 v. NLRB, 843 F.2d 770 (3rd Cir. 1988).
We further note that, despite our determination that the relationship here is governed by Sec. 8(f), the
Union has maintained throughout this proceeding that it is the Sec. 9(a) representative of the Employer’s
employees; thus, the rule of Albuquerque Insulation Contractor, Inc., 256 NLRB 61, 62-63 (1981), as
confirmed in PSM Steel Construction, Inc., 309 NLRB 1302, 1302 (1992), does not apply to the
Employer’s RM petition.