Wayne/Scott Fetzer Company d/b/a Wayne Combustion Systems

National Labor Relations Board - Unpublished Board Decisions

Sep 24, 2020

25-RD-256161 (N.L.R.B. Sep. 24, 2020)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
WAYNE/SCOTT FETZER COMPANY D/B/A
WAYNE COMBUSTION SYSTEMS
Employer
and
MATTHEW ALAN PASSWATER
Petitioner Case 25-RD-256161
and
UNITED STEEL, PAPER AND FORESTRY,
RUBBER, MANUFACTURING, ENERGY, ALLIED
INDUSTRIAL AND SERVICE WORKERS
INTERNATIONAL UNION, AFL-CIO AND ITS
LOCAL 903-2
Union
ORDER
The Employer’s Request for Review of the Regional Director’s Order Directing Hearing and
Notice of Hearing on Objections is denied1 as it raises no substantial issues warranting review.2
JOHN F. RING, CHAIRMAN
MARVIN E. KAPLAN, MEMBER
WILLIAM J. EMANUEL, MEMBER
Dated, Washington, D.C., September 24, 2020.
1 Member Emanuel would grant review solely with respect to the second rejected offer of proof
described in section C, paragraph g of the Regional Director’s Order. In his view, the Employer
has shown that the second rejected offer of proof specifies sufficient facts to warrant setting it for
hearing and to permit it to introduce evidence relating to that offer of proof at the hearing.
2 We reject the Union’s argument in its Opposition that the Employer’s Request for Review is
procedurally deficient. Under the version of Sec. 102.67(c) of the Board’s Rules and
Regulations that applies in this case, a party may file a request for review with the Board, with a
copy to the Regional Director, no later than 14 days after a final disposition of the proceeding by
the Regional Director. The Regional Director’s Order Directing Hearing and Notice of Hearing
on Objections does not amount to a final disposition of the proceeding. The Order erroneously
included the April 7 due date for filing a request for review.
Members Kaplan and Emanuel note that there may be an important issue to be considered
in a future case about whether the Board’s critical-period policy established in Ideal Electric and
Mfg. Co., 134 NLRB 1275 (1961), adequately protects employees from election interference by
coercive threats made immediately prior to the filing of an election petition.