JMF Underground, Inc.

National Labor Relations Board - Unpublished Board Decisions

Dec 8, 2015

04-RM-146087 (N.L.R.B. Dec. 8, 2015)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
JMF UNDERGROUND, INC.
Employer/Petitioner
and Case 04-RM-146087
INTERNATIONAL UNION OF
OPERATING ENGINEERS, LOCAL 542
Union
ORDER
The Employer’s Request for Review of the Regional Director’s dismissal of the instant
petition raises no substantial issues warranting reversal of the Regional Director’s action.1
Accordingly, the dismissal of the petition is affirmed.
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
KENT Y. HIROZAWA, MEMBER
Dated, Washington, D.C., December 8, 2015.

1 See Canter’s Fairfax Restaurant, 309 NLRB 883, 884 fn. 1 (1992); Ron Tirapelli Ford,
304 NLRB 576, 579-580 (1991), enfd. in rel. part 987 F.2d 433 (7th Cir. 1993); NLRB
Casehandling Manual Part Two, Sec. 11042. Cf. SFO Good-Nite Inn, LLC, 357 NLRB No. 16,
slip op. at 3 (2011) (employer assistance or advancement of decertification effort presumptively
taints a resulting petition), enfd. 700 F.3d 1 (D.C. Cir. 2012); Hearst Corp., 281 NLRB 764, 764
(1986) (where employer seeks to solicit employee repudiation of union as representative,
decertification petition is tainted and employer “will be precluded from relying on [it] as a basis
for questioning the union’s continued majority support”), enfd. mem. 837 F.3d 1088 (5th Cir.
1988).