LKQ Lakenor Auto & Truck Salvage, Inc.

National Labor Relations Board - Board Decisions

Mar 29, 2019

31-RC-214528 (N.L.R.B. Mar. 29, 2019)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
LKQ LAKENOR AUTO &
TRUCK SALVAGE, INC.
Employer
and Case 31-RC-214528
UNITED STEEL, PAPER AND FORESTRY,
RUBBER, MANUFACTURING, ENERGY,
ALLIED INDUSTRIAL AND SERVICE WORKERS
INTERNATIONAL UNION
Petitioner
ORDER
The Petitioner’s Request for Review of the Regional Director’s Supplemental Decision to
Overrule and Count Challenged Ballots is denied as it raises no substantial issues warranting
review.1 The Petitioner’s request to stay the counting of the ballots is denied as moot.
JOHN F. RING, CHAIRMAN
WILLIAM J. EMANUEL, MEMBER
Dated, Washington, D.C., March 29, 2019.
MEMBER McFERRAN, dissenting.

1 While we agree with the Regional Director’s conclusion that the Employer’s Delivery Drivers
must be included in the petitioned-for unit, we note, contrary to her findings, that there is no
evidence of interchange present in this case that would mandate including the Delivery Drivers
in the unit. While the Delivery Drivers and petitioned-for employees have some overlap of
duties as part of their core functions, interchange involves temporary or permanent transfer into a
different classification, as opposed to simple overlap of functions between two separate
classifications. We also do not rely on the Regional Director’s suggestion that departmental
organization is “particularly” important in assessing the propriety of a petitioned-for unit, to the
extent this statement suggests departmental organization is more important than other
community-of-interest factors.
I would grant review, based on the substantial issues raised by the Petitioner. I note that
the Petitioner did not challenge the Regional Director’s allocation of the burden of proof here.
LAUREN McFERRAN, MEMBER