Rieth-Riley Construction Co., Inc.

National Labor Relations Board - Unpublished Board Decisions

Jun 8, 2020

07-RD-257830 (N.L.R.B. Jun. 8, 2020)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
RIETH-RILEY CONSTRUCTION CO.,
INC.
Employer
and Case 07-RD-257830
RAYALAN KENT
Petitioner
and
LOCAL 324, INTERNATIONAL UNION OF
OPERATING ENGINEERS (IUOE), AFL-CIO
Union
ORDER
The Petitioner’s and Employer’s Requests for Review of the Acting Regional Director’s
determination to hold the petition in abeyance are denied as they raise no substantial issues
warranting review.1
JOHN F. RING, CHAIRMAN
MARVIN E. KAPLAN, MEMBER
WILLIAM J. EMANUEL, MEMBER
Dated, Washington, D.C., June 8, 2020.
1 In denying review, we find that the Acting Regional Director’s decision to hold the petition in
abeyance was permissible under the representation-case procedures currently in effect, although
we note that the Acting Regional Director’s letter to the parties inaccurately referenced the
charge in Case 07-CA-256735, which was withdrawn the day before the blocking determination
issued. We observe, however, that the Acting Regional Director’s decision in this regard raises
many of the concerns that led the Board to recently adopt changes to the blocking charge policy.
See 85 Fed. Reg. 18366 (Apr. 1, 2020). Those amendments are not effective until July 31, 2020,
however. 85 Fed. Reg. 20156 (Apr. 10, 2020).