Lori's Diner International

National Labor Relations Board - Unpublished Board DecisionsMay 23, 2012

20-RD-002477 (N.L.R.B. May. 23, 2012)

UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD LORI’S DINER INTERNATIONAL, INC. Employer and Case 20-RD-002477 FRANK PARK Petitioner and UNITE! HERE LOCAL 2 Union ORDER The Employer’s and the Petitioner’s Requests for Review of the Regional Director’s administrative dismissal of the petition are denied as they raise no substantial issues warranting review.1 BRIAN E. HAYES, MEMBER RICHARD F. GRIFFIN, JR., MEMBER SHARON BLOCK, MEMBER Dated, Washington, D.C., May 23, 2012. 1In denying review, we apply Lamons Gasket, 357 NLRB No. 72 (2011), and thus find it unnecessary to address the Regional Director’s rationale for dismissing the petition. In Lamons Gasket, the Board established a voluntary-recognition bar and stated that it would “apply this new rule retroactively in all pending cases, except those in which an election was held and the ballots have been opened and counted, consistent with the Board’s established approach in representation proceedings.” Slip op. at 10. Member Hayes dissents from his colleagues’ dismissal of the petition based on Lamons Gasket, 357 NLRB No. 72 (2011). For the reasons set forth in his dissent in that case, he would continue to process petitions timely filed within the 45-day post- recognition notice period required by Dana Corp., 351 NLRB 434 (2007), which Lamons Gasket overruled. Inasmuch as his colleagues do not rely on the Regional Director’s rationale for dismissing the petition, Member Hayes finds no need to address that rationale.