TransDev Services, Inc., d/b/a Nassau Inter-County Express

National Labor Relations Board - Board Decisions

Oct 3, 2016

29-RC-167445 (N.L.R.B. Oct. 3, 2016)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
TRANSDEV SERVICES, INC. D/B/A NASSAU
INTER-COUNTY EXPRESS
Employer
and Case 29-RC-167445
TRANSPORT WORKERS UNION OF GREATER
NEW YORK, LOCAL 100, AFL-CIO
Petitioner
ORDER
The Petitioner’s Request for Review of the Regional Director’s Decision and Order is denied
as it raises no issues warranting review.1
MARK GASTON PEARCE, CHAIRMAN

PHILIP A. MISCIMARRA, MEMBER
LAUREN McFERRAN, MEMBER
Dated, Washington, D.C., October 3, 2016.

1 In denying review, Member Miscimarra additionally notes that finding the Employer’s Service
Quality Managers and Assistant Maintenance Managers to be statutory supervisors is consistent
with the three “common sense” factors set forth in his dissenting opinion in Buchanan Marine,
L.P., 363 NLRB No. 58, slip op. at 10 (2015) (Member Miscimarra, dissenting).
Chairman Pearce would grant review to consider whether, consistent with Veolia
Transportation Services, Inc., 363 NLRB No. 188 (2016), and Veolia Transportation Services,
363 NLRB No. 98 (2016), Service Quality Managers are statutory supervisors based on their role
in discipline. He joins his colleagues in denying the Petitioner’s Request for Review in all other
respects.