LERNER NEW YORK INC. D/B/A NEW YORK & COMPANY

National Labor Relations Board - Board Decisions

Feb 4, 2015

01-RM-142091 (N.L.R.B. Feb. 4, 2015)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
LERNER NEW YORK d/b/a NEW
YORK & COMPANY
Petitioner-Employer
and Case 01-RM-142091
NEW ENGLAND JOINT BOARD, LOCAL
173, a/w RWDSU/UFCW
Union
ORDER
The Union’s Request for Review of the Regional Director’s Decision and
Direction of Election is denied as it raises no substantial issues warranting review. The
Union’s request for special permission to appeal from the Regional Director’s direction
of a mail ballot election is granted, but the appeal is denied on the merits.1
MARK GASTON PEARCE, CHAIRMAN
KENT Y. HIROZAWA, MEMBER
LAUREN McFERRAN, MEMBER
Dated, Washington, D.C., February 4, 2015

1 We have treated the Union’s assertion that the Regional Director erred in directing a
mail ballot election as a request for special permission to appeal. We find no merit in its
contention that a mail ballot election would prevent the Union from challenging the
eligibility of the voters as the Board’s Casehandling Manual (Part II) Representation
Proceedings, Sec. 11336.5(b) provides that at the vote count of a mail ballot election, “the
observers may, if they wish, challenge ballots.”