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NLRB Case 13-RC-106926

NLRB Case 13-RC-106926

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13-RC-106926 - United Maintenance Company, Inc.
13-RC-106926 - United Maintenance Company, Inc.

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Published by: nlrbdocs on Sep 12, 2013
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UNITED STATES OF AMERICABEFORE THE NATIONAL LABOR RELATIONS BOARDUNITED MAINTENANCE COMPANY, INC.Employer andCase 13-RC-106926SERVICE EMPLOYEES INTERNATIONALUNION, LOCAL 1Petitioner andINTERNATIONAL BROTHERHOOD OFTEAMSTERS,LOCAL 727Intervenor ORDER The Employer’s Request for Review of the Regional Director’s Decision and Direction of Election is denied as it raises no substantial issues warranting review. The Regional Director’sdetermination that Intervenor Local727’s collective-bargaining agreement does not operate as a bar to Petitioner Local 1’s representation petition, because Local 727 effectively disclaimedinterest in representing the Employer’s employees, is consistent with applicable precedent. See
VFL Technology Corp.
, 332 NLRB 1443, 1443 (2000).Wegrant the Employer’s request for special permission to appeal
from the RegionalDirector’s determination to conduct the election by mail ballot, and, contrary to our dissentingcolleague,denythe appeal on the merits.
We find, for the reasons stated bythe Regional
We have treated the Employer’s “request for review” of the Regional Director’s mail ballotdetermination as a request for special permission to appeal.
Member Miscimarra joins in the decision to grant the Employer’s request for special permission to appeal from the Regional Director’s decision to conduct a mail-ballot election, andwould grant the appeal on the merits. He would find that a mail ballot election is inappropriate because this case does not involve the considerations necessary to permit theRegional Director to exercise his discretion to order a mail-ballot election. See
San Diego Gas & Electric
, 325 NLRB 1143, 1145 (1998) (holdingthat discretion to order a mail-ballot election may beexercised only if eligible voters are “scattered” over “a wide geographic area” or “in the sense

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