Atlas Roll-Off Corp.

National Labor Relations Board - Board Decisions

Sep 2, 2014

29-RC-114120 (N.L.R.B. Sep. 2, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
ATLAS ROLL-OFF CORP.
Employer
and Case 29-RC-114120
LOCAL 175, UNITED PLANT &
PRODUCTION WORKERS,
INTERNATIONAL UNION OF
JOURNEYMEN AND ALLIED TRADES
Petitioner

ORDER
The Employer’s request for special permission to appeal the Acting Regional Director’s
setting of an election for September 3, 2014 and her use of the Steiny/Daniel1 eligibility formula
is granted, and the appeal is denied on the merits.2 The Employer’s request to stay the election is
denied. The Employer’s request to stay the date to submit the voter eligibility lists to the Region
is denied as moot.

MARK GASTON PEARCE, CHAIRMAN
KENT Y. HIROZAWA, MEMBER
HARRY I. JOHNSON, III, MEMBER

Dated, Washington, D.C., September 2, 2014

1 See Steiny & Co., 308 NLRB 1323 (1992) and Daniel Construction Co., 133 NLRB 264
(1961), modified at 167 NLRB 1078 (1967).
2 We are treating the Employer’s “Notice of Appeal and Objections Stay Requested” as a request
for special permission to appeal the Acting Regional Director’s decisions.
Member Johnson notes that the Steiny/Daniel eligibility formula is the default standard to be
applied, unless an employer shows an actual seasonal change in the complement of its
workforce. The Employer here failed to allege such a seasonal fluctuation.