McLaren Macomb

National Labor Relations Board - Unpublished Board Decisions

Jul 2, 2020

07-RC-243228 (N.L.R.B. Jul. 2, 2020)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
McLAREN MACOMB
Employer
and Case 07-RC-243228
LOCAL 40, RN STAFF COUNCIL, OFFICE AND
PROFESSIONAL EMPLOYEES
INTERNATIONAL UNION (OPEIU) AFL-CIO
Petitioner
ORDER
The Employer’s Request for Review of the Regional Director’s Decision and
Certification of Representative is denied as it raises no substantial issues warranting review.1
JOHN F. RING, CHAIRMAN
MARVIN E. KAPLAN, MEMBER
WILLIAM J. EMANUEL, MEMBER
Dated, Washington, D.C., July 2, 2020.
1 Under the version of Sec. 102.67(c) of the Board’s Rules and Regulations in effect at the time of the
election in this case, a pre-election request for review did not operate as a stay of any action by a Regional Director
unless specifically ordered by the Board. Accordingly, in denying review with respect to Objections 2 and 9, we
note that the Employer’s pre-election request for review in this case of the Regional Director’s inclusion of certain
classifications of allegedly technical employees in the appropriate, petitioned-for unit of service and maintenance
employees did not stay their inclusion in the unit. The Board agent conducting the election therefore did not allow
the ballots of all the employees in those disputed classifications to be challenged based solely on their inclusion in
the unit, even though the Board had not ruled on the request for review by the time of the election. We observe,
however, that the failure to provide for such disputed ballots to be segregated and impounded pending the Board’s
decision on the underlying unit-placement issues raised many of the concerns that led the Board to adopt changes to
its representation-case procedures. See 84 Fed. Reg. 69524 (Dec. 18, 2019). Those amendments did not take effect
until May 31, 2020, however. 85 Fed. Reg. 17500 (Mar. 30, 2020).
In denying review with respect to Objection 6, we also rely on Dart Container, 277 NLRB 1369 (1985).
We do not rely, however, on Fresenius USA Manufacturing, Inc., 352 NLRB 679 (2008), a two-member Board
decision.