Management & Training Corporation

National Labor Relations Board - Unpublished Board Decisions

Aug 11, 2021

01-RD-275435 (N.L.R.B. Aug. 11, 2021)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
MANAGEMENT & TRAINING CORPORATION
Employer
and Case 01-RD-275435

ROBERT J. BROWN
Petitioner
and
IUE-CWA, THE INDUSTRIAL DIVISION
OF THE COMMUNICATIONS WORKERS
OF AMERICA, AFL-CIO
Union
ORDER
The Union’s Request for Review of the Acting Regional Director’s denial of its request
to block the election is denied as it raises no substantial issues warranting review.1
MARVIN E. KAPLAN, MEMBER
JOHN F. RING, MEMBER
Dated, Washington, D.C., August 11, 2021.
CHAIRMAN McFERRAN, concurring.
I adhere to the position I took in dissent to the Notice of Proposed Rulemaking, 84 Fed.
Reg. 39930, 39940 (Aug. 12, 2019), which led to the promulgation of Sec.103.20 of the Board’s
Rules and Regulations. I agree, however, that under Sec. 103.20, which embodies the Board’s
current law, the Regional Director was correct in denying the Union’s request to delay the
election in this case. I note further that the Regional Director’s denial would also have been
1 In denying review, we find that the Acting Regional Director’s determination is
consistent with the Board’s blocking charge policy, set forth in Sec. 103.20 of the Board’s Rules
and Regulations.
In addition, the Union did not timely raise to the Acting Regional Director any argument
that the petition should be dismissed. Therefore, this argument is not properly before the Board.
See Sec. 102.67(e) of the Board’s Rules and Regulations (stating that a request for review to the
Board “may not raise any issue or allege any facts not timely presented to the Regional
Director”).
correct under the Board’s prior policy on blocking charges, particularly in view of the Union’s
failure to proffer sufficient evidence to justify its blocking request.
LAUREN McFERRAN, CHAIRMAN