Antioch Tire, Inc., d/b/a TredRoc Tire Service

National Labor Relations Board - Unpublished Board Decisions

Aug 19, 2020

13-RC-263043 (N.L.R.B. Aug. 19, 2020)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
ANTIOCH TIRE, INC. d/b/a TREDROC TIRE
SERVICES
Employer
and Case 13-RC-263043
LOCAL LODGE 701, INTERNATIONAL
ASSOCIATION OF MACHINISTS &
AEROSPACE WORKERS, AFL-CIO
Petitioner
ORDER
The Employer’s Request for Review of the Acting Regional Director’s Decision and
Direction of Election is denied as it raises no substantial issues warranting review.1 The
Employer’s Request for an Immediate Stay of Mail Ballot Election is denied as moot.
JOHN F. RING, CHAIRMAN
MARVIN E. KAPLAN, MEMBER
WILLIAM J. EMANUEL, MEMBER
Dated, Washington, D.C., August 19, 2020.
1 In denying review, we note that the Board’s decision in San Diego Gas & Electric, 325
NLRB 1143, 1145 (1998), recognizes that Board elections should, as a general rule, be
conducted manually and specifies well-settled guidelines for determining whether a mail-ballot
election would normally be appropriate. Under normal circumstances, this would almost
certainly not be an election where a mail ballot would be considered. But in San Diego Gas &
Electric, the Board also recognized that “there may be other relevant factors that the Regional
Director may consider in making this decision” and that “extraordinary circumstances” could
permit a Regional Director to exercise his or her discretion outside of the guidelines set forth in
that decision. Id.
In finding that a mail-ballot election is warranted in this case, we rely on the extraordinary
circumstances resulting from the Covid-19 pandemic. The Board will continue to consider
whether manual elections should be directed based on the circumstances then prevailing in the
region charged with conducting the election, including the applicability to such a determination of
the suggested protocols set forth in GC Memorandum 20-10. Under the circumstances presented
in this case, however, we are satisfied that the Acting Regional Director did not abuse his
discretion in ordering a mail-ballot election here.
The Board is open to addressing the normal criteria for mail balloting in a future
appropriate proceeding.