Rapid Armored Corp.

National Labor Relations Board - Unpublished Board Decisions

Dec 22, 2010

29-RC-011949 (N.L.R.B. Dec. 22, 2010)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
RAPID ARMORED CORP.
Employer
and Case 29-RC-11949
LOCAL 805, INTERNATIONAL BROTHERHOOD
OF TEAMSTERS
Petitioner
ORDER
On October 19, 2010, the Regional Director issued a Decision and Order
dismissing the petition on the grounds that Petitioner is disqualified from representing the
petitioned-for armored vehicle drivers and custodians whom the Regional Director found
to be guards under Section 9(b)(3) of the Act. Petitioner filed a request for review of the
dismissal of the petition. Although the Regional Director dismissed the petition, the
Employer filed a request for review of the Regional Director’s rationale. The Employer
contended that the grounds upon which the Regional Director found the employees are
guards are too narrow.
Petitioner now requests to withdraw its request for review. The Petitioner also
seeks to withdraw the petition. The Employer opposes the withdrawal of the petition and
seeks a ruling by the Board on its request for review.
Having carefully considered the matter, the Board grants Petitioner’s request to
withdraw its request for review. Because the Petitioner also seeks to withdraw the
petition, we find it unnecessary to rule on the Employer’s Request for Review at this
time. This proceeding is remanded to the Regional Director for a ruling on the
Petitioner’s request to withdraw the petition and any further appropriate action.
WILMA B. LIEBMAN, CHAIRMAN
CRAIG BECKER, MEMBER
MARK GASTON PEARCE, MEMBER
Dated, Washington, D.C., December 22, 2010.