Walt Disney Parks and Resorts U.S.

National Labor Relations Board - Unpublished Board Decisions

Jul 9, 2020

12-UC-248568 (N.L.R.B. Jul. 9, 2020)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
WALT DISNEY PARKS AND RESORTS U.S.
d/b/a WALT DISNEY WORLD
Employer
and Case 12-UC-248568
SERVICE TRADES COUNCIL UNION
Petitioner
ORDER
The Petitioner’s Request for Review of the Regional Director’s Decision and Order
Dismissing Petition is denied as it raises no substantial issues warranting review.1
JOHN F. RING, CHAIRMAN
MARVIN E. KAPLAN, MEMBER
WILLIAM J. EMANUEL, MEMBER
Dated, Washington, D.C., July 9, 2020.
1 In denying review, we note that the Petitioner’s Request for Review does not comply
with the requirement in Sec. 102.67(e) of the Board’s Rules and Regulations that a request for
review be a self-contained document enabling the Board to rule on the basis of its contents
without recourse to the record. But, even assuming that the request for review does comply with
Sec. 102.67(e), we have exercised our discretion under that section to examine the entire record.
Based on our careful review of the record, we conclude that the NBA Experience Guides do not
perform the “same basic functions” as the Attraction Hosts/Hostesses, Premcor, Inc., 333 NLRB
1365 (2001), and that the Petitioner has not established that the NBA Experience Guides are an
accretion to the existing bargaining units, because the determinative factors weigh heavily
against such a finding, Walt Disney Parks and Resorts U.S. d/b/a Walt Disney World Co., 367
NLRB No. 80, slip op. at 2–5 (2019). Thus, we need not pass on the Regional Director’s
conclusion that the Petitioner disclaimed interest in representing the NBA Experience Guides
under Briggs Indiana Corp., 63 NLRB 1270 (1945), and its progeny.