CoreCivic of Tennessee, LLC

National Labor Relations Board - Board Decisions

Sep 6, 2018

28-RC-213154 (N.L.R.B. Sep. 6, 2018)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
CORECIVIC OF TENNESSEE, LLC
Employer
and Case 28-RC-213154
INTERNATIONAL UNION, SECURITY, POLICE
AND FIRE PROFESSIONALS OF AMERICA
(SPFPA)
Petitioner
ORDER
The Employer’s request for review of the Regional Director’s Decision and Certification
of Representative is denied as it raises no substantial issues warranting review.1
JOHN F. RING, CHAIRMAN
LAUREN McFERRAN, MEMBER
MARVIN E. KAPLAN, MEMBER
Dated, Washington, D.C., September 6, 2018.

1 In denying review, we do not pass on Inman’s conduct in the voting room because it is not properly before
the Board. Board's Rules & Regulations, Sec. 102.69(a). We agree with the Regional Director’s finding that Nathan
Katz Realty, LLC v. NLRB, 251 F.3d 981 (D.C. Cir. 2001), is distinguishable from this case, but we do not rely on
the Regional Director’s reasoning. Instead, we rely on the fact that the alleged party conduct in Katz took place
within an established no-electioneering zone, was contrary to the instructions of a Board agent, and involved the
“continued presence” of union agents in an area employees “had to pass” in order to vote. None of these
circumstances are present in the instant case.
Member McFerran agrees that Nathan Katz Realty, LLC is distinguishable, and therefore finds no need to
address whether it was correctly decided.
Member Kaplan notes that many of the issues in this case could have been avoided by the designation and
enforcement of a no-electioneering zone. He believes this issue should be addressed in a future appropriate
proceeding.