GARDA CL ATLANTIC, INC.

National Labor Relations Board - Board Decisions

Dec 6, 2017

29-RC-197242 (N.L.R.B. Dec. 6, 2017)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
GARDA CL ATLANTIC, INC.
Employer
and
SPECIAL AND SUPERIOR OFFICERS Case 29-RC-197242
BENEVOLENT ASSOCIATION
Petitioner
and
UNITED FEDERATION OF SPECIAL
POLICE AND SECURITY OFFICERS
Intervenor
ORDER
The Intervenor’s Request for Review of the Acting Regional Director’s Decision and
Direction of Election is denied as it raises no substantial issues warranting review.1
MARK GASTON PEARCE, MEMBER
LAUREN McFERRAN, MEMBER
WILLIAM J. EMANUEL, MEMBER
Dated, Washington, D.C., December 6, 2017.

1 In rejecting the Intervenor’s contract-bar argument, the Acting Regional Director correctly found that a
“last and final offer” document signed by both the Employer and Intervenor, standing alone, did not serve to bar the
processing of the Petitioner’s subsequent petition. We further find that the set of three documents proffered by the
Intervenor (also including the parties’ prior contract and unsigned bargaining notes purportedly showing their
agreement on noneconomic terms) did not collectively constitute a bar, both because the former “last and final”
document failed to incorporate the latter two documents by reference, and because the unsigned bargaining notes
failed to confirm the parties’ agreement to the specific proposals therein. Any set of documents which purports to
bar an election must clearly set forth the agreed-upon terms and must be signed by both parties, in order to “leave no
doubt” that the documents establish an offer and an acceptance of those terms. B.C Acquisitions, Inc., d/b/a Branch
Cheese, 307 NLRB 239, 239 (1992); Waste Management of Maryland, Inc., 338 NLRB 1002 (2003). Finally, we
find it unnecessary to reach the Acting Regional Director’s alternative finding that the contract lacked bar quality
because it had not been “implemented” by the time the petition was filed in this case.