YP HOLDINGS, LLC

National Labor Relations Board - Board Decisions

Feb 11, 2015

28-RD-117449 (N.L.R.B. Feb. 11, 2015)

1
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
YELLOWPAGES.COM LLC
Employer
and Case 28-RD-117449
DEREK M. ANDERSON
Petitioner
and
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, LOCAL 1269, AFL-CIO
Union
YELLOWPAGES.COM LLC
Employer
and Case 22-RD-117441
RONALD P. WILPON
Petitioner
and ,
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, LOCAL 1269, AFL-CIO
Union
YELLOWPAGES.COM LLC
Employer
and Case 06-RD-117644
MELONY SHOOK
Petitioner
and
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, LOCAL 1269, AFL-CIO
Union
2
YELLOWPAGES.COM LLC
Employer
and Case 05-RD-117540
HEATHER MARINO
Petitioner
and
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, LOCAL 1269, AFL-CIO
Union
YELLOWPAGES.COM LLC
Employer
and Case 04-RD-117629
CARLA EDWARDS
Petitioner
and
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, LOCAL 1269, AFL-CIO
Union
ORDER
The Employer’s and the Petitioners’ Requests for Review of the Acting Regional
Director’s Decision and Order are denied as they fail to raise substantial issues warranting
review.1

1 We agree with the Acting Regional Director’s dismissal of the petitions because employees
ratified the collective-bargaining agreement on November 15, 2013, the day they cast their votes
in favor of the agreement. In American Protective Services, Inc., 319 NLRB 902, 903 fn. 5
(1995), enf. denied 113 F.3d 504 (4th Cir. 1997), the Board stated that, for all practical purposes,
the ratification process was complete once the employees had voted, even though the
“ministerial” task of counting the ballots and recording the tally had not yet occurred. Moreover,
in Felbro, Inc., 274 NLRB 1268, 1268 fn. 2 (1985), enfd. in relevant part sub nom Garment
Workers Local 512 v. NLRB, 795 F.2d 705 (9th Cir. 1986), the Board found that employees had
ratified an agreement prior to the “ministerial” task of notifying the employer of the result.
Although American Protective Services and Felbro were unfair labor practice cases concerning
allegations of bad-faith bargaining, we find that the reasoning in both cases—that ratification is
3
MARK GASTON PEARCE, CHAIRMAN
KENT Y. HIROZAWA, MEMBER
LAUREN McFERRAN, MEMBER
Dated, Washington D.C., February 11, 2015

complete once employees vote on whether to accept an agreement—is equally applicable in the
present context. Accordingly, because the unit employees ratified the collective-bargaining
agreement on November 15, 2013, the agreement bars the processing of the decertification
petitions filed after that date.