Troutbrook Company LLC d/b/a Brooklyn 181 Hospitality LLC

National Labor Relations Board - Board DecisionsDec 13, 2018

367 NLRB No. 56 (N.L.R.B. 2018)

367 NLRB No. 56 NOTICE: This opinion is subject to formal revision before publication in the bound volumes of NLRB decisions. Readers are requested to notify the Ex- ecutive Secretary, National Labor Relations Board, Washington, D.C. 20570, of any typographical or other formal errors so that corrections can be included in the bound volumes. Troutbrook Company LLC d/b/a Brooklyn 181 Hospi- tality LLC and New York Hotel & Motel Trades Council, AFL–CIO (HTC), Intervenor-Cross Pe- titioner. Case 29–RC–216327 December 13, 2018 ORDER BY CHAIRMAN RING AND MEMBERS MCFERRAN AND KAPLAN The National Labor Relations Board1 has carefully con- sidered the Employer’s request for review and stay of the Regional Director’s decision on objections to rerun elec- tion and certification of representative, as well as the In- tervenor-Cross Petitioner’s opposition brief. The request for review is denied as it raises no substantial issues war- ranting review.2 Dated, Washington, D.C. December 13, 2018 ______________________________________ John F. Ring, Chairman ______________________________________ Lauren McFerran, Member ______________________________________ Marvin E. Kaplan, Member (SEAL) NATIONAL LABOR RELATIONS BOARD 1 The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel. 2 Chairman Ring and Member Kaplan express no view with respect to whether they agree or disagree with revisions made to the Board’s election rule, but they agree that the revisions apply here and warrant denial of the Employer’s request to stay the certification of representa- tive. With respect to the Employer’s Objection 12, we observe that it relies on conduct that occurred on the date of the first election, but before and during the time that the first election was being held. Conduct that occurs before and during the first election, even if it occurred on the date of the election, cannot form the basis for an objection to a rerun election be- cause it does not occur within the critical period for the rerun election. See Nestle Co., 248 NLRB 732, 733 fn. 3 (1980) (“[I]t is only conduct occurring between the two elections which may properly be considered in regard to the objections.”), enfd. 659 F.2d 252 (D.C. Cir. 1981) (un- published).