Union Tank Car Company

National Labor Relations Board - Unpublished Board Decisions

Nov 18, 2020

12-RC-221465 (N.L.R.B. Nov. 18, 2020)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
UNION TANK CAR COMPANY
Employer
and Case 12-RC-221465
INTERNATIONAL ASSOCIATION OF SHEET
METAL, AIR, RAIL AND TRANSPORTATION
WORKERS (SMART)
Petitioner
ORDER
The Employer’s Request for Review of the Regional Director’s Decision and Direction of
Second Election by Mail Ballot is denied as it raises no substantial issues warranting review.1
The Employer’s Emergency Motion to Stay Mail-Ballot Election is denied as moot.
JOHN F. RING, CHAIRMAN
MARVIN E. KAPLAN, MEMBER
LAUREN McFERRAN, MEMBER
1 Applying the factors set forth in Aspirus Keweenaw, 370 NLRB No. 45 (November 9, 2020), to
the conditions prevailing at the time the Regional Director made his determination, we are
satisfied that the Regional Director did not abuse his discretion in ordering a mail-ballot election
here. Under Aspirus Keweenaw, it is not an abuse of discretion for a regional director to direct a
mail-ballot election where either the 14-day trend in the number of new confirmed cases of
Covid-19 in the county where the facility is located is increasing, or the 14-day testing positivity
rate in the county where the facility is located is 5 percent or higher. Id., slip op. at 5-6. In his
supplement to the Decision and Direction of Second Election, the Regional Director cites to data
from the Georgia Department of Public Health website in which the 14-day testing positivity rate
in the county where the facility is located was 10.6 percent leading up to the issuance of the
Decision and Direction of Election, therefore meeting factor two of Aspirus Keweenaw, supra.
Member McFerran agrees to deny the Employer’s Request for Review and Motion to
Stay for the reasons given in her separate opinion in Aspirus. She further agrees, however, that
even under the majority opinion in Aspirus the request and motion should be denied based on the
recent positivity rate statistics set out above.

Dated, Washington, D.C., November 18, 2020.