Neises Construction Corp.

National Labor Relations Board - Unpublished Board Decisions

Jul 14, 2021

13-RD-271580 (N.L.R.B. Jul. 14, 2021)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
NEISES CONSTRUCTION CORP.
Employer
and Case 13–RD–271580
MICHAEL HALKIAS
Petitioner
and
THE INDIANA/KENTUCKY/OHIO
REGIONAL COUNCIL OF CARPENTERS
Union
ORDER
The Petitioner’s Request for Review of the Acting Regional Director’s Decision and
Order Dismissing is denied as it raises no substantial issues warranting review.1
LAUREN McFERRAN, CHAIRMAN
WILLIAM J. EMANUEL, MEMBER
JOHN F. RING, MEMBER
Dated, Washington, D.C., July 14, 2021.
1 In denying review of the Acting Regional Director’s dismissal of the petition, we agree that the
Employer’s still-unremedied Sec. 8(a)(5) and (1) violation in Case 13–CA–210180 for refusing
to recognize and bargain with the Union—a proven violation of the Act as found by the Board in
Neises Construction Corp., 366 NLRB No. 52 (2018)—warrants dismissal of the petition under
Lee Lumber & Building Material Corp., 322 NLRB 175 (1996), affd. in part and remanded in
part 117 F.3d 1454 (D.C. Cir. 1997). We note that the Petitioner does not argue that the
presumption of taint under Lee Lumber could be rebutted by proving that the employee
disaffection arose after the Employer resumed its recognition of the Union and bargained for a
reasonable period of time without committing additional unfair labor practices. Indeed, the
Employer’s failure to comply with the Board’s order in Case 13–CA–210180 by bargaining with
the Union for a reasonable period of time is the subject of ongoing contempt proceedings, which
are currently pending before the United States Court of Appeals for the Seventh Circuit.
Accordingly, we need not rely on the unproven unfair labor practice charge currently pending in
Case 13–CA–265694.