Latino Express Bus Co.

National Labor Relations Board - Unpublished Board Decisions

May 17, 2017

13-RD-079228 (N.L.R.B. May. 17, 2017)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
LATINO EXPRESS BUS CO.
Employer
and Case 13-RD-079228
RAMIRO LOPEZ
Petitioner
and
INTERNATIONAL BROTHERHOOD OF
TEAMSTERS, LOCAL 777
Union
ORDER
Petitioner’s Request for Review of the Decision to Dismiss the petition is denied as it
raises no substantial issues warranting review. In denying review, we agree with the Regional
Director that the certification year was effectively extended by the remedy in Latino Express,
Inc., 360 NLRB 911, 927 n.21 (2014). The petition, which was filed during the extended
certification year, therefore was barred and was appropriately dismissed by the Regional Director
on that basis. We do not rely on the Regional Director’s discussion of the petition being filed at
a time when the Employer was engaged in bad faith bargaining.
PHILIP A. MISCIMARRA, CHAIRMAN

LAUREN McFERRAN, MEMBER
Dated, Washington, D.C., May 17, 2017.
MEMBER PEARCE, concurring:
Although I agree with my colleagues that the Regional Director properly dismissed the
decertification petition, I would find that the remedy in Latino Express, Inc., above, actually
extended the certification year through its affirmative bargaining order. See Big Three
Industries, Inc., 201 NLRB 197, 197 (1973) (Union’s representative status is not “vulnerable
during compliance with an affirmative bargaining order”).
MARK GASTON PEARCE, MEMBER