Champion Window Manufacturing and Supply Co., LLC

National Labor Relations Board - Unpublished Board Decisions

Jul 21, 2010

09-RC-018299 (N.L.R.B. Jul. 21, 2010)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
CHAMPION WINDOW MANUFACTURING
ANT) SUPPLY CO., LLC
Employer
and Case 9-RC-18299
IRON WORKERS SHOPMEN'S
LOCAL UNION NO. 468
Petitioner
ORDER
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. In
denying review, the Board agrees with the Regional Director that the petitioned-for unit
is appropriate on community of interest grounds. We therefore agree with the Regional
Director that it is unnecessary to rely on the single plant presumption in deciding whether
the petitioned-for unit is appropriate. Contrary to the request for review, the single
facility and single plant presumption are inapplicable to the Employer's proposed unit
(consisting of its employees as well as those of both Champion Door Manufacturing and
Enclosure Suppliers) because the Board has long applied the single facility or single plant
presumption only to the petitioned-for unit. See e.g., Hilander Foods, 348 NLRB 1200,
1204 n. 12 (2006)(precedent relied on by employer is inapplicable because the precedent
did not involve a petitioned-for single facility unit and, therefore, no presumption of
appropriateness was applicable); cf. Capitol Coors, 309 NLRB 322 n.1I (1992), citing
NLRB v. Carson Cable TV, 795 F.2d 879, 886-887 (9 "h Cir. 1986)(single facility
presumption inapplicable when petitioner seeks multifacility unit). A presumption that
the unit is an appropriate unit is not available to the Employer here where it necessarily
argued that its proposed unit was the only appropriate unit. Accordingly, Employer's
request for review is denied.
WILMA B. LIEBMAN, CHAIRMAN
CRAIG BECKER, MEMBER
MARK GASTON PEARCE, MEMBER
Dated, Washington, D.C., July 21, 2010.