ROCKWELL MINING LLCDownload PDFNational Labor Relations Board - Board DecisionsJun 21, 201809-RC-202389 (N.L.R.B. Jun. 21, 2018) Copy Citation UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD ROCKWELL MINING LLC Employer and Case 09-RC-202389 UNITED MINE WORKERS OF AMERICA INTERNATIONAL UNION, AFL-CIO Petitioner ORDER The Employer’s Request for Review of the Regional Director’s Supplemental Decision and Certification of Representative is denied as it raises no substantial issues warranting review.1 MARK GASTON PEARCE, MEMBER MARVIN E. KAPLAN, MEMBER WILLIAM J. EMANUEL, MEMBER Dated, Washington, D.C., June 21, 2018. 1 In denying review, we do not rely on the Regional Director’s citation to The Permanente Medical Group, Inc., 358 NLRB 758 (2012), a recess-Board decision. See NLRB v. Noel Canning, 134 S.Ct. 2550 (2014). We agree with the denial of the Employer’s request for review here. Member Pearce finds that even if all the conduct alleged as objectionable had taken place during the critical period, it would not have merited setting aside the election. Members Kaplan and Emanuel note, however, that this case suggests there may be an important issue to be considered in a future case about whether the Board’s critical period policy established in Ideal Electric and Mfg. Co., 134 NLRB 1275 (1961), adequately protects employees from election interference by coercive threats, as opposed to mere campaign misrepresentations, made immediately prior to the filing of an election petition. This concern may be greater in light of the shortened critical periods resulting from the Board’s 2014 election rule changes. Member Pearce notes that the 2014 election rule changes did not affect the Board’s ability to set aside an election when a party engages in “clearly proscribed prepetition activity likely to have a significant impact on the [Board] election.” See Royal Packaging Corp., 284 NLRB 317, 317 (1987); Lyon’s Restaurants, 234 NLRB 178, 179 (1978). Copy with citationCopy as parenthetical citation
