25-RC-116569 (N.L.R.B. Jan. 16, 2014)

CNH AMERICA LLC

National Labor Relations Board - Board DecisionsJan 16, 2014

25-RC-116569 (N.L.R.B. Jan. 16, 2014)

UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD CNH AMERICA LLC Employer and Case 25-RC-116569 INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, IRON SHIP BUILDERS BLACKSMITHS, FORGERS, AND HELPERS, AFL-CIO Petitioner ORDER The Employer’s Request for Review of the Regional Director’s Decision and Direction of Election is denied as it raises no substantial issues warranting review.1 MARK GASTON PEARCE, CHAIRMAN 1 We find no merit in the Employer’s contention that the Regional Director’s decision runs counter to the Board’s presumption that wall-to-wall production and maintenance units are appropriate. Such a presumption is not applicable in this case because the Petitioner does not seek to represent a wall-to-wall unit. See Specialty Healthcare & Rehabilitation Center, 357 NLRB No. 83, slip op. at 7 (2011)(“A party petitioning for a unit other than a presumptively appropriate unit … bears no heightened burden to show that the petitioned-for unit is also an appropriate unit.”), enf’d sub. nom. Kindred Nursing Centers East v. NLRB, 727 F.3d 552 (6th Cir. 2013). Cf. Capital Coors Co., 309 NLRB 322 fn. 1 (1992) (single-facility presumption inapplicable where union seeks multi-location unit). The Employer also asserts that the Regional Director erroneously ignored or discounted evidence of temporary interchange; specifically, that welders in the petitioned-for unit frequently performed non-welding assignments. Even accepting the Employer’s view of that evidence, however, the Employer still has not established its claim that a grouping of all production and maintenance employees at its facility is the only appropriate unit. Member Miscimarra would find that the Employer has raised substantial issues about the appropriateness of a welders-only bargaining unit that warrant granting review, based on evidence that a welders-only unit would cross departmental lines, there is substantial interchange between welders and non-welders, and the Board has not found a craft unit of welders to be appropriate since 1955 except in the aerospace industry. North American Aviation, Inc., 162 NLRB 1267, 1270 (1967). Member Miscimarra does not reach or rely on Specialty Healthcare & Rehabilitation Center of Mobile, 357 NLRB No. 83 (2011), enfd. sub nom. Kindred Nursing Centers East v. NLRB, 727 F.3d 552 (6th Cir. 2013), the applicability of which is uncontested by the Employer. PHILIP A. MISCIMARRA, MEMBER NANCY SCHIFFER, MEMBER Dated, Washington, D.C., January 16, 2014.