PAC TELL GROUP, INC. D/B/A U.S. FIBERS

National Labor Relations Board - Board Decisions

Sep 22, 2014

10-RC-101166 (N.L.R.B. Sep. 22, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
PAC TELL GROUP, INC. D/B/A U.S.
FIBERS
Employer
and Case 10-RC-101166
UNITED STEEL, PAPER, AND FORESTRY,
RUBBER, MANUFACTURING, ENERGY,
ALLIED INDUSTRIAL AND SERVICE
WORKERS INTERNATIONAL UNION,
LOCAL 7898
Petitioner
DECISION ON REVIEW AND ORDER
On March 13, 2014, the Board granted in part the Employer’s Request for Review of the
Regional Director’s Supplemental Decision and Certification of Representative as it raised a
substantial issue with respect to whether the putative supervisors are supervisors within the
meaning of Section 2(11) based on their authority to assign and reward.
The Board has delegated its authority in this proceeding to a three-member panel.
Having carefully examined the entire record with respect to the issues on review,
including the briefs on review, the Board has decided to affirm the Regional Director for the
reasons stated in his decision.1
ORDER
This proceeding is remanded to the Regional Director for appropriate action consistent
with this Decision and Order.
MARK GASTON PEARCE, CHAIRMAN
KENT Y. HIROZAWA, MEMBER

1 The Employer further contends that, even if these individuals are not statutory supervisors, the alleged conduct of
two of them (David Martinez and Jose Lal) was sufficient to constitute objectionable conduct under the Board’s
standard for third-party conduct. Under that standard, the Board will set an election aside if the objecting party
establishes that the alleged conduct was “so aggravated as to create a general atmosphere of fear and reprisal
rendering a free election impossible.” Westwood Horizons Hotel, 270 NLRB 802, 803 (1984). Here, the conduct at
issue consists of alleged statements by Martinez and Lal suggesting that employees might lose their jobs if they did
not support the union. These types of statements are not objectionable under the standard for third-party conduct.
See Duralam, Inc., 284 NLRB 1419, 1419 fn. 2 (1987) (“threats of job loss for not supporting the union, made by
one rank-and-file employee to another, are not objectionable”).
HARRY I. JOHNSON, III, MEMBER
Dated, Washington, D.C., September 22, 2014