Coupled Products, LLC

National Labor Relations Board - Board Decisions

May 21, 2012

25-RD-061324 (N.L.R.B. May. 21, 2012)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
COUPLED PRODUCTS, LLC
Employer
and Case 25-RD-061324
INTERNATIONAL UNION, UNITED AUTOMOBILE
AEROSPACE AND AGRICULTURAL WORKERS OF
AMERICA, UAW LOCAL 2049
Union
and
CONNIE L. GRAY
Petitioner
ORDER
The Petitioner’s Request for Review of the Regional Director’s administrative dismissal
of the petition is granted as it raises substantial issues warranting review.1 The Regional Director
dismissed the petition based on unfair labor practices charges against the Employer in Cases 25-
CA-031883, et al. However, in cases involving unfair labor practices other than a general refusal
to recognize and bargain with the Union, the Regional Director must make a finding based upon
specific proof of a causal relationship between the unfair labor practices and subsequent
employee disaffection with the Union such that the petition is tainted and the petition must be
dismissed. The Board in Master Slack Corp., 271 NLRB 78 (1984), identified four factors in
determining whether such a causal relationship exists. Accordingly, as the unfair labor practices
in this case did not involve a general refusal to recognize and bargain with the Union, we remand
this case to the Regional Director to make that determination and issue it in a decision..
BRIAN E. HAYES, MEMBER
RICHARD F. GRIFFIN, JR., MEMBER
SHARON BLOCK, MEMBER
Dated, Washington, D.C., May 21, 2012.

1 The Petitioner filed a motion to disqualify Members Block, Flynn, and Griffin from ruling in this proceeding,
arguing that their recess appointments to the Board by the President were in violation of Arts. I and II of the United
States Constitution. For the reasons set forth in Center for Social Change, Inc., 358 NLRB No. 24 (2012), we reject
this argument. Accordingly, the motion to disqualify is denied. Additionally, to the extent that the Petitioner makes
similar arguments in its request for review that challenge the authority of the Board to act in this case, review is
denied.