LAZARUS ENERGY HOLDINGS LLC

National Labor Relations Board - Unpublished Board Decisions

Nov 24, 2020

16-RC-266439 (N.L.R.B. Nov. 24, 2020)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
LAZARUS ENERGY HOLDINGS, LLC
Employer
and Case 16-RC-266439
UNITED STEEL, PAPER AND FORESTRY,
RUBBER, MANUFACTURING, ENERGY,
ALLIED INDUSTRIAL AND SERVICE
WORKERS INTERNATIONAL UNION 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
On November 9, 2020, the Board issued its decision in Aspirus Keweenaw, 370 NLRB
No. 45 (2020), which sets forth the guidelines and parameters applicable to determining the
propriety of a mail-ballot election under the current circumstances of the Covid-19 pandemic.
In denying review, we note that the direction of a mail-ballot election was consistent with
the concerns articulated in Aspirus Keweenaw. Moreover, the election has been held and setting
it aside would result in waste of resources and delay and would be a disservice to the employees
who cast their ballots in good faith. Denying review is also warranted because the current trend
in new cases in the county where the Employer’s facility is located would support a mail-ballot
election under Aspirus Keweenaw if this election were set aside and a new determination were to
be made now.2 Under all of the foregoing circumstances, we find no reason to overturn the
Regional Director’s determination.
JOHN F. RING, CHAIRMAN
1 We also deny the Employer’s Emergency Motion to Stay Mail Ballot Election as moot.
2 As of the date of this Order, the 14-day trend in the number of new cases in Bexar
County, Texas is increasing. https://covid19.sanantonio.gov/About-COVID-19/Dashboards-
Data/Bexar-County-Key-Indicators. Additionally, the 14-day testing positivity in Bexar County
has remained at a sustained rate of over 8.0%. See id.
Member McFerran agrees to deny review of the Regional Director’s Decision and
Direction of Election for the reasons given in her separate opinion in Aspirus. She further
agrees, however, that setting aside the election at this point would be inefficient and unfair to the
unit employees, and that, even under the majority opinion in Aspirus, the Regional Director’s
decision should be affirmed based on the recent statistics set out above.
WILLIAM J. EMANUEL, MEMBER
LAUREN McFERRAN, MEMBER
Dated, Washington, D.C., November 24, 2020.