PCC Structurals, Inc.

National Labor Relations Board - Unpublished Board Decisions

Sep 22, 2017

19-RC-202188 (N.L.R.B. Sep. 22, 2017)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
PCC STRUCTURALS, INC.
Employer
and Case 19-RC-202188
INTERNATIONAL ASSOCIATION OF
MACHINISTS & AEROSPACE WORKERS,
AFL-CIO, DISTRICT LODGE W24
Petitioner
ORDER
The Employer’s request to stay the election scheduled for September 22, 2017, or,
alternatively, to impound the ballots is denied.1
PHILIP A. MISCIMARRA, CHAIRMAN
MARK GASTON PEARCE, MEMBER
MARVIN E. KAPLAN, MEMBER
Dated, Washington, D.C., September 22, 2017.

1 This request for extraordinary relief involves application of the Board’s Election Rule, with which
Chairman Miscimarra continues to disagree for the reasons that he and former Member Johnson stated in their
dissenting views regarding the Rule. See 79 Fed. Reg. 74308, at 174430-74460 (December 15, 2014) (dissenting
views of Member Miscimarra and Member Johnson). More generally, in the instant case, Chairman Miscimarra
dissents from the denial of the Employer’s request to stay the election or to impound the ballots; in Chairman
Miscimarra’s view, the Employer’s Request for Review warrants staying the election because all parties—especially
employees voting in the election—should have the benefit of the Board’s resolution of election-related issues before
the election takes place; in the alternative, to the extent the Board does not stay the election, Chairman Miscimarra
believes the circumstances warrant impounding the ballots pending the Board’s resolution of election-related issues.
Member Kaplan expresses no view with respect to whether he agrees or disagrees with revisions made by
the Election Rule, but he does agree that it applies here and warrants denial of the Employer’s request to stay the
election or to impound the ballots, without prejudice to the Board’s subsequent consideration of the merits of the
request for review of the Regional Director’s appropriate unit determination.