Tito Contractors, Inc.

National Labor Relations Board - Unpublished Board Decisions

Nov 17, 2014

05-RC-117169 (N.L.R.B. Nov. 17, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
TITO CONTRACTORS, INC.
Employer
and Case 05-RC-117169
INTERNATIONAL UNION OF PAINTERS
AND ALLIED TRADES, DISTRICT COUNCIL 51,
AFL-CIO
Petitioner
ORDER
The Employer’s Request for Review of the Acting Regional Director’s Decision and
Direction of Election is denied as it raises no substantial issues warranting review.1 The
Employer’s request to reopen the record is denied.
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
KENT Y. HIROZAWA, MEMBER
Dated, Washington, D.C., November 17, 2014.

1 In denying review, we agree with the Acting Regional Director that the Employer has not
overcome the presumptive appropriateness of the unit sought by the Petitioner. The petitioned-
for employees work for the same employer in facilities located in a common geographical region
and perform skilled and unskilled physical work. There is some evidence that the warehouse
employee sometimes assists with other Employer projects besides the warehouse and coordinates
shipments and deliveries with other employees. Further, there is no evidence of collective
bargaining in smaller units and no party seeks to represent any of the employees in a smaller
unit. Finally, the Employer has not proposed any alternative units. Member Miscimarra would
grant review and evaluate the record evidence regarding the appropriateness of the petitioned-for
unit.