Vida Charter School

National Labor Relations Board - Board Decisions

Oct 24, 2017

05-RC-197557 (N.L.R.B. Oct. 24, 2017)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
VIDA CHARTER SCHOOL
Employer
and Case 05-RC-197557
VIDA EDUCATION ASSOCIATION &
SUPPORT PROFESSIONALS, PSEA/NEA
Petitioner
ORDER
The Employer’s request for review of the Acting Regional Director’s Decision and
Direction on Challenges1 is denied as it raises no substantial issues warranting review.2 The
Employer’s “Emergency Motion to Stay All Proceedings and Impound the Ballots” is denied as
moot.
LAUREN McFERRAN, MEMBER
MARVIN E. KAPLAN, MEMBER
WILLIAM J. EMANUEL, MEMBER
Dated, Washington, D.C., October 24, 2017.

1 Although the document is titled “Employer’s Request for Review of the Regional Director’s Decision and
Direction of Election,” it is clear from the content that it is a Request for Review of the Decision and Direction on
Challenges issued by the Acting Regional Director on September 22, 2017.
2 In rejecting the Employer’s exceptions to the hearing officer’s credibility resolutions, the ARD inadvertently
cited Standard Dry Wall Products, 91 NLRB 544 (1950), which applies in unfair labor practice cases. In denying
review, we instead rely on Stretch-Tex Co., 118 NLRB 1359, 1361 (1957), which applies to credibility resolutions in
representation cases.
In overruling the challenge to the ballot of Office Manager Melissa Turner, we note that the Employer’s
assertion that Turner should be excluded as an office clerical, raised for the first time in its Request for Review, is
untimely. Pursuant to the Board’s Rules and Regulations, Section 102.67(e), “[a] request for review [of a Regional
Director’s actions] may not raise any issue or allege any facts not timely presented to the Regional Director.”
Member Emanuel also notes that no party challenges the Board’s jurisdiction over the Employer.