ADT, LLCDownload PDFNational Labor Relations Board - Unpublished Board DecisionsApr 22, 201516-RM-123509 (N.L.R.B. Apr. 22, 2015) Copy Citation UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD ADT, LLC Employer-Petitioner and Case 16-RM-123509 COMMUNICATION WORKERS OF AMERICA, LOCAL 6215 Union ORDER Union’s Request for Review of the Regional Director’s Decision and Direction of Election is granted as it raises substantial issues warranting review.1 MARK GASTON PEARCE, CHAIRMAN PHILIP A. MISCIMARRA, MEMBER LAUREN McFERRAN, MEMBER Dated, Washington, D.C., April 22, 2015. 1 Member Miscimarra would deny review in this case, which involves an RM petition filed by the Employer that acquired a new company and its employees, where a subsequent consolidation effectively eliminated the prior bargaining unit of installation and service technicians. The Union-represented employees now work in four facilities where they are greatly outnumbered by employees who have not previously been represented by the Union and to whom the collective bargaining agreement has never been applied. Member Miscimarra believes there is no substantial question regarding the Regional Director’s determination that the petitioned-for unit (consisting of installation and service technicians at the four currently existing facilities) is appropriate, or regarding the appropriateness of an RM petition and election in these circumstances. Levitz Furniture, 333 NLRB 717, 723 (1998) (holding that “Board-conducted elections are the preferred way to resolve questions regarding employees’ support for unions” and “we shall allow employers to obtain RM elections by demonstrating reasonable good-faith uncertainty as to incumbent unions’ continued majority status”) (emphasis in original; footnote omitted). Copy with citationCopy as parenthetical citation