Fox Sports Net Florida, Inc.

National Labor Relations Board - Unpublished Board Decisions

Jul 23, 2019

12-RC-228892 (N.L.R.B. Jul. 23, 2019)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
FOX SPORTS NET FLORIDA, INC.
Employer
and Case 12-RC-228892
INTERNATIONAL ALLIANCE OF
THEATRICAL STAGE EMPLOYEES,
AFL-CIO (IATSE)
Petitioner
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
JOHN F. RING, CHAIRMAN
LAUREN McFERRAN, MEMBER
MARVIN E. KAPLAN, MEMBER
Dated, Washington, D.C., July 23, 2019

1 In denying review of the Regional Director’s finding that the cessation of the Employer’s
operations was not so imminent or certain to warrant dismissing the petition, we observe that the
Employer’s request to take administrative notice that the acquisition of certain of its assets closed
in March 2019 does not change the outcome. The Employer does not allege, nor is there is any
indication, that the acquisition has caused or will cause changes affecting the scope, size, or
composition of the petitioned-for unit.
Member McFerran joins her colleagues in denying the Employer’s Request for Review,
including with respect to the Regional Director’s finding that the unit of broadcast technicians at
the Employer’s south Florida facilities is an appropriate unit. As to that issue, Member
McFerran adheres to her dissent in PCC Structurals, Inc., 365 NLRB No. 160 (2017), and
observes that the unit would also be appropriate under Specialty Healthcare & Rehabilitation
Center of Mobile, 357 NLRB 934 (2011) (Specialty Healthcare), enfd. sub nom. Kindred
Nursing Centers East, LLC v. NLRB, 727 F.3d 552 (6th Cir. 2013), which PCC overruled.
Chairman Ring and Member Kaplan express no view with respect to whether they agree
or disagree with the revisions made by the Board's Election Rule, but they agree that it applies
here and warrants denial of the Employer's request to review the Regional Director’s denial of its
prior request for a hearing continuance.