Dyno Nobel, Inc.

National Labor Relations Board - Unpublished Board Decisions

Apr 23, 2012

19-RC-075260 (N.L.R.B. Apr. 23, 2012)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
DYNO NOBEL, INC.
Employer
and Case 19-RC-075260
ASSOCIATION OF WESTERN PULP
and PAPER WORKERS UNION,
AFFILIATED WITH THE UNITED
BROTHERHOOD OF CARPENTERS
AND JOINERS OF AMERICA
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.1

MARK GASTON PEARCE, CHAIRMAN
TERENCE F. FLYNN, MEMBER
SHARON BLOCK, MEMBER
Dated, Washington, D.C., April 23, 2012

1 Member Flynn joins his colleagues in denying review. In doing so, he notes as follows. In directing an
election in the petitioned-for unit, the Regional Director applied the test set forth in Specialty Healthcare &
Rehabilitation Center of Mobile, 357 NLRB No. 83 (2011). Member Flynn agrees that under that test, the
petitioned-for unit is appropriate. He also would find the unit appropriate under pre-Specialty precedent.
See, e.g., Wheeling Island Gaming, 355 NLRB 637 fn. 2 (2010). Accordingly, Member Flynn finds it
unnecessary to decide whether Specialty Healthcare, in which he did not participate, was rightly decided.