PROMOWEST PRODUCTIONS, INC

National Labor Relations Board - Unpublished Board Decisions

Nov 25, 2020

09-RC-261089 (N.L.R.B. Nov. 25, 2020)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
PROMOWEST PRODUCTIONS, INC.
Employer
and Case 09-RC-261089
INTERNATIONAL ALLIANCE OF THEATRICAL
STAGE EMPLOYEES AND MOVING PICTURE TECHNICIANS,
ARTISTS AND ALLIED CRAFTS OF THE UNITED STATES
AND CANADA, AFL-CIO (IATSE) LOCAL 12
Petitioner
ORDER
The Employer’s Request for Review of the Regional Director’s Decision on Challenges
and Objections and Certification of Representative is denied as it raises no substantial issues
warranting review.1
JOHN F. RING, CHAIRMAN
MARVIN E. KAPLAN, MEMBER
LAUREN McFERRAN MEMBER
Dated, Washington, D.C., November 25, 2020.
1 The Employer’s Request for Review states that seven employees mailed ballots that did
not arrive in time for the tally. Based on the facts of this case, we find that the Regional Director
acted in accordance with Board precedent in certifying the Union despite the missing ballots. See
Premier Utility Services, LLC, 363 NLRB No. 159 (2016); Classic Valet Parking, 363 NLRB
No. 23 (2015).
Chairman Ring and Member Kaplan note, however, that the facts of this case—namely,
the possibility that some ballots may be lost or delayed in the mail—illustrate one reason why
manual elections are, and should be, preferred. In saying as much, however, they do not mean to
suggest that a mail-ballot election was inappropriate here.
The Board is open to addressing the normal criteria for mail balloting in a future
appropriate proceeding.
Member McFerran would reconsider the criteria for mail balloting, now and in the future,
for the reasons given in her separate opinion in Aspirus Keweenaw, 370 NLRB No. 45 (2020).