A1 Koh Enterprise Global LLC

National Labor Relations Board - Board Decisions

Jul 19, 2017

13-RD-194117 (N.L.R.B. Jul. 19, 2017)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
A1 KOH ENTERPRISE GLOBAL, LLC
Employer
and Case 13-RD-194117
UNITED FOOD AND COMMERICAL WORKERS LOCAL 1546
Union
and
MAUREEN MADDEN
Petitioner
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.1
MARK GASTON PEARCE, MEMBER
LAUREN McFERRAN, MEMBER
Dated, Washington, D.C., July 19, 2017.
Chairman Miscimarra, dissenting.
Consistent with my concurring opinion in FJC Security Services, 360 NLRB 929,
929-931 (2014), I would adhere to the standard established in MV Transportation, 337
NLRB 770 (2002), where the Board held that “an incumbent union in a successorship
situation is entitled to—and only to—a rebuttable presumption of continuing majority
status, which will not serve as a bar” to an otherwise valid petition. Here, there is no
dispute that a majority of the Employer’s workforce consisted of the predecessor’s
represented employees, and sufficient business continuity existed to require the
Employer, as a successor, to recognize and bargain with the Union. Accordingly, in

1 Our dissenting colleague would reject the successor bar and return to MV
Transportation, 337 NLRB 770 (2002). Contrary to our dissenting colleague, and for the
reasons stated in FJC Security Services, Inc., 360 NLRB 929, 929 (2014), we see no
basis for departing from the successor bar doctrine articulated in UGL-UNICCO Service
Co., 357 NLRB 801 (2011).
accordance with MV Transportation, I would grant review and find that the petition
warrants an election.
PHILIP A. MISCIMARRA, CHAIRMAN