Publi-Inversiones de Puerto Rico, dba El Vocero de Puerto Rico

National Labor Relations Board - Board Decisions

Aug 8, 2018

12-RD-221192 (N.L.R.B. Aug. 8, 2018)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
PUBLI-INVERSIONES DE PUERTO RICO,
D/B/A EL VOCERO DE PUERTO RICO
Employer
and Case 12-RD-221192
NOEMI MERCED
Petitioner
and
UNION DE PERIODISTAS, ARTES GRAFICAS
Y RAMAS ANEXAS, LOCAL 33225
Union
ORDER
The Petitioner’s and Employer’s Requests for Review of the Regional Director’s
Decision to Dismiss and Corrected Decision to Dismiss are denied as they raises no substantial
issues warranting review.1 The Petitioner’s request for extraordinary relief is denied as moot.
JOHN F. RING, CHAIRMAN
LAUREN McFERRAN, MEMBER
MARVIN E. KAPLAN, MEMBER
Dated, Washington, D.C., August 8, 2018

1 In denying review, we note that the Regional Director did not, in either the Decision to
Dismiss or Corrected Decision to Dismiss, invoke the successor bar doctrine. Instead, he relied
upon the fact that the Employer was subject to an affirmative bargaining order requiring that it
bargain in good faith with the Union for a reasonable period of time. Under Lee Lumber and
Building Material Corp., 334 NLRB 399 (2001), enfd. 310 F.3d 209 (D.C. Cir. 2002), that
period had clearly not elapsed at the time the instant petition was filed. We further reject any
implication that the Regional Director acted improperly by issuing the Corrected Decision to
Dismiss.
In addition, we clarify that the Union’s original opposition was in fact timely filed on
July 9, 2018. The Union attempted to file the opposition on Friday, July 6 but was unable to do
so due to technical issues with the Board’s website. The website at that time indicated that filings
due on July 6 would be accepted on Monday, July 9.