Future Environmental Incorporated

National Labor Relations Board - Unpublished Board Decisions

Mar 23, 2015

13-RC-124781 (N.L.R.B. Mar. 23, 2015)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
FUTURE ENVIRONMENTAL
INCORPORATED
Employer
and Case 13-RC-124781
INTERNATIONAL UNION OF
OPERATING ENGINEERS, AFL-CIO
Petitioner
ORDER
The Employer’s and the Petitioner’s respective Requests for Review are denied.
We agree with the Regional Director that all issues concerning Project Supervisor Tim
Henderson’s eligibility may best be resolved through the use of the Board’s challenge
procedure. We further find that the Petitioner has not raised any substantial issues
warranting review of the Regional Director’s conclusion that the Employer demonstrated
that the petitioned-for unit is fractured because it excludes 26 laborers/hazard technicians
who share an overwhelming community of interest with the included 4 drivers/operators
and 3 laborers/hazard technicians. Specialty Healthcare and Rehabilitation Center of
Mobile, 357 NLRB No. 83 (2011), enfd. sub nom. Kindred Nursing Centers East, LLC v.
NLRB, 727 F.3d 552 (6th Cir. 2013).1
MARK GASTON PEARCE, CHAIRMAN
HARRY I. JOHNSON, III, MEMBER
LAUREN McFERRAN, MEMBER
Dated, Washington, D.C., March 23, 2015

1 In reaching that conclusion, we find it unnecessary to pass on the Regional Director’s
finding that the petitioned-for unit is “readily identifiable as a group” and thus met the
first part of the Specialty Healthcare test. Id., slip op. at 11.
Under the circumstances of this case, Member Johnson finds it unnecessary to
consider whether Specialty Healthcare and Rehabilitation Center of Mobile, 357 NLRB
No. 83 (2011), enfd. sub nom. Kindred Nursing Centers East, LLC v. NLRB, 727 F.3d
552 (6th Cir. 2013), was correctly decided.