PARAGON RESTORATION CORP.

National Labor Relations Board - Unpublished Board Decisions

Jun 12, 2013

22-RC-101576 (N.L.R.B. Jun. 12, 2013)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
PARAGON RESTORATION CORPORATION
Employer
and Case 22-RC-101576
NEW JERSEY BUILDING CONSTRUCTION
LABORERS DISTRICT COUNCIL
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
MARK GASTON PEARCE, CHAIRMAN
RICHARD F. GRIFFIN, JR., MEMBER
SHARON BLOCK, MEMBER
Dated, Washington, D.C., June 12, 2013

1In denying review, we agree with the Regional Director’s conclusion that the
Employer’s reliance on the uncorroborated testimony of its vice president is insufficient
to establish the imminent and certain elimination of the petitioned-for unit. In doing so,
we do not rely on the Regional Director’s characterization of the Board’s decision in
Canterbury of Puerto Rico, 225 NLRB 309 (1976) as rejecting witness testimony as
insufficiently corroborated by additional documentation of financial losses. In fact, the
Board in Canterbury indicated that certain evidence submitted by the employer tended to
indicate that the employer was considering continuing its operations. Under these
circumstances, the Board concluded that the employer’s stated intent to cease operations
was speculative.
The Employer’s Motion to Stay Election or in the Alternative to Seal the Ballots
is also denied.