YP HOLDINGS, LLC

National Labor Relations Board - Board DecisionsFeb 11, 2015

28-RD-117449 (N.L.R.B. Feb. 11, 2015)

1 UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD YELLOWPAGES.COM LLC Employer and Case 28-RD-117449 DEREK M. ANDERSON Petitioner and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 1269, AFL-CIO Union YELLOWPAGES.COM LLC Employer and Case 22-RD-117441 RONALD P. WILPON Petitioner and , INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 1269, AFL-CIO Union YELLOWPAGES.COM LLC Employer and Case 06-RD-117644 MELONY SHOOK Petitioner and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 1269, AFL-CIO Union 2 YELLOWPAGES.COM LLC Employer and Case 05-RD-117540 HEATHER MARINO Petitioner and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 1269, AFL-CIO Union YELLOWPAGES.COM LLC Employer and Case 04-RD-117629 CARLA EDWARDS Petitioner and INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 1269, AFL-CIO Union ORDER The Employer’s and the Petitioners’ Requests for Review of the Acting Regional Director’s Decision and Order are denied as they fail to raise substantial issues warranting review.1 1 We agree with the Acting Regional Director’s dismissal of the petitions because employees ratified the collective-bargaining agreement on November 15, 2013, the day they cast their votes in favor of the agreement. In American Protective Services, Inc., 319 NLRB 902, 903 fn. 5 (1995), enf. denied 113 F.3d 504 (4th Cir. 1997), the Board stated that, for all practical purposes, the ratification process was complete once the employees had voted, even though the “ministerial” task of counting the ballots and recording the tally had not yet occurred. Moreover, in Felbro, Inc., 274 NLRB 1268, 1268 fn. 2 (1985), enfd. in relevant part sub nom Garment Workers Local 512 v. NLRB, 795 F.2d 705 (9th Cir. 1986), the Board found that employees had ratified an agreement prior to the “ministerial” task of notifying the employer of the result. Although American Protective Services and Felbro were unfair labor practice cases concerning allegations of bad-faith bargaining, we find that the reasoning in both cases—that ratification is 3 MARK GASTON PEARCE, CHAIRMAN KENT Y. HIROZAWA, MEMBER LAUREN McFERRAN, MEMBER Dated, Washington D.C., February 11, 2015 complete once employees vote on whether to accept an agreement—is equally applicable in the present context. Accordingly, because the unit employees ratified the collective-bargaining agreement on November 15, 2013, the agreement bars the processing of the decertification petitions filed after that date.