ADT, LLC

National Labor Relations Board - Unpublished Board Decisions

Apr 22, 2015

16-RM-123509 (N.L.R.B. Apr. 22, 2015)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
ADT, LLC
Employer-Petitioner
and Case 16-RM-123509
COMMUNICATION WORKERS
OF AMERICA, LOCAL 6215
Union
ORDER
Union’s Request for Review of the Regional Director’s Decision and Direction of
Election is granted as it raises substantial issues warranting review.1
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
LAUREN McFERRAN, MEMBER
Dated, Washington, D.C., April 22, 2015.

1 Member Miscimarra would deny review in this case, which involves an RM petition filed by the
Employer that acquired a new company and its employees, where a subsequent consolidation effectively
eliminated the prior bargaining unit of installation and service technicians. The Union-represented
employees now work in four facilities where they are greatly outnumbered by employees who have not
previously been represented by the Union and to whom the collective bargaining agreement has never been
applied. Member Miscimarra believes there is no substantial question regarding the Regional Director’s
determination that the petitioned-for unit (consisting of installation and service technicians at the four
currently existing facilities) is appropriate, or regarding the appropriateness of an RM petition and election
in these circumstances. Levitz Furniture, 333 NLRB 717, 723 (1998) (holding that “Board-conducted
elections are the preferred way to resolve questions regarding employees’ support for unions” and “we shall
allow employers to obtain RM elections by demonstrating reasonable good-faith uncertainty as to
incumbent unions’ continued majority status”) (emphasis in original; footnote omitted).