Teamsters Local 743

National Labor Relations Board - Unpublished Board Decisions

Mar 12, 2020

13-UC-239758 (N.L.R.B. Mar. 12, 2020)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
TEAMSTERS LOCAL 743
Employer
And Case 13-UC-239758
CHICAGO NEWS GUILD LOCAL 34071
Petitioner
ORDER
The Petitioner’s Request for Review of the Regional Director’s administrative dismissal
of the unit clarification petition is granted. On review, we find that the petition raises issues
which can best be resolved upon the basis of a record developed at a hearing.1 Although the
Regional Director stated in his dismissal letter that the Attorney classification has been
historically excluded from the unit, it does not appear that there is any dispute on that count.
This finding accordingly does not resolve whether the petitioned-for Attorney-Senior
Representative2 classification—which the parties appear to agree is a distinct classification—has
been historically excluded or whether the petition should be dismissed on some other basis
(including the other grounds that the Employer has advanced in its Opposition to the Petitioner’s
Request for Review). Further, although the Employer contends that the incumbent Attorney-
Senior Representative should be excluded from the unit, it appears to admit that the two
predecessor Attorney-Senior Representatives were included in the unit. Thus, at a minimum, a
hearing is necessary to determine the incumbent Attorney-Senior Representative’s duties and
how those duties compare to those of the two predecessor Attorney-Senior Representatives as
well as those of the unit employees (particularly the Senior Representatives). Accordingly, the
case is remanded to the Regional Director for further proceedings consistent with the Order.
JOHN F. RING, CHAIRMAN
MARVIN E. KAPLAN, MEMBER
WILLIAM J. EMANUEL, MEMBER
Dated, Washington, D.C., March 12, 2020.

1 See Board’s Rules and Regulations Sec. 102.71(a)(5). The Regional Director
erroneously stated that any request for review of his dismissal would be governed by Sec.
102.67, but requests for review of administrative dismissals are governed by Sec. 102.71.
2 It appears that the Employer uses the words “representative” and “business agent”
interchangeably in its classification titles and that Attorney-Senior Representative, Attorney-
Union Representative, and Senior Business Agent-Attorney refer to the same classification. The
parties will, of course, have the opportunity to clarify this matter at the hearing directed herein.