Colonial Parking, Inc.

National Labor Relations Board - Board Decisions

Mar 23, 2018

04-RC-187843 (N.L.R.B. Mar. 23, 2018)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
COLONIAL PARKING, INC.
Employer
and Case 04-RC-187843
UNITED FOOD AND COMMERCIAL WORKERS
LOCAL 27
Petitioner
ORDER
The Employer’s Revised Request for Review of the Regional Director’s Decision and
Direction of Election and Regional Director’s Decision on Exceptions to the Hearing Officer’s
Report on Challenged Ballots is granted solely with respect to whether the proposed unit of
employees, excluding the Lot Auditor and the Skilled Maintenance Employee, is an appropriate
unit for collective bargaining. The case is remanded to the Regional Director for further
appropriate action consistent with PCC Structurals, Inc., 365 NLRB No. 160 (2017), including
reopening the record, if necessary. In all other respects, including the Employer’s contention
that the Regional Director’s factual findings were clearly erroneous, the request for review is
denied as it raises no substantial issues warranting review.1
MARVIN E. KAPLAN, CHAIRMAN
MARK GASTON PEARCE, MEMBER
WILLIAM J. EMANUEL, MEMBER
Dated, Washington, D.C., March 23, 2018.

1 Member Pearce would deny the request for review. For the reasons stated in his joint
dissenting opinion with Member McFerran in PCC Structurals, Inc., 365 NLRB No. 160, slip op.
at 13-26 (2017), Member Pearce believes that Specialty Healthcare & Rehabilitation Center of
Mobile, 357 NLRB 934 (2011), affd. sub nom. Kindred Nursing Centers East, LLC v. NLRB, 727
F.3d 552 (6th Cir. 2013), sets forth the appropriate standard for making unit determinations
where a party contends that the petitioned-for unit is not appropriate because it does not contain
additional employees and would find that the Regional Director correctly applied that standard.