Cogent Waste Solutions LLC

National Labor Relations Board - Unpublished Board Decisions

Aug 27, 2020

29-RC-256449 (N.L.R.B. Aug. 27, 2020)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
COGENT WASTE SOLUTIONS LLC
Employer
and Case 29-RC-256449
WASTE MATERIAL, RECYCLING, AND
GENERAL INDUSTRIAL LABORERS, LOCAL
108
Petitioner
and
LEAGUE OF INTERNATIONAL FEDERATED
EMPLOYEES, LOCAL 890
Intervenor
and
INTERNATIONAL BROTHERHOOD OF
TEAMSTERS, LOCAL 813
Intervenor
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 The Employer’s request
to stay the election is denied as moot.
JOHN F. RING, CHAIRMAN
MARVIN E. KAPLAN, MEMBER
WILLIAM J. EMANUEL, MEMBER
Dated, Washington, D.C., August 27, 2020.
1 In denying review, we note that, contrary to the Employer, the Regional Director’s specification of an eligibility
date in the Decision and Direction of Election does not represent a binding determination that any employee
employed on that date remains eligible to vote. To be eligible to vote in a Board election, an employee must be in
the appropriate unit (1) on the established eligibility date, and (2) in employee status on the date of the election. See,
e.g., Plymouth Towing Co., 178 NLRB 651 (1969); Gulf States Asphalt Co., 106 NLRB 1212, 1214 (1953).
Permanently laid-off employees (i.e., those with no reasonable expectation of recall) are not eligible to vote in Board
elections. See Apex Paper Box Co., 302 NLRB 67, 68 fn. 2 (1991). Any disputes regarding eligibility of laid off
employees may be resolved using the challenged ballot procedure.