Rock River Academy and Residential Center

National Labor Relations Board - Board Decisions

Aug 13, 2014

25-RC-129277 (N.L.R.B. Aug. 13, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
ROCK RIVER ACADEMY AND RESIDENTIAL CENTER
Employer
and Case 25-RC-129277
AFSCME COUNCIL 31, 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 The
Employer’s request for special permission to appeal from the Regional Director’s
determination of the election details is granted.2 Because the Regional Director did not
abuse his discretion, the appeal is denied on the merits.
.
PHILIP A. MISCIMARRA, MEMBER
KENT Y. HIROZAWA, MEMBER
HARRY I. JOHNSON, III, MEMBER
Dated, Washington, D.C., August 13, 2014

1 In denying review, we note that there is a dispute as to whether a majority of the
Behavioral Health Technicians possesses a college degree. We find this alleged minor
factual difference would not warrant a contrary result.
Members Miscimarra and Johnson join in denying review inasmuch as the
Regional Director’s determination that the petitioned-for unit is appropriate would be the
same under relevant precedent prior to Specialty Healthcare & Rehabilitation Center of
Mobile, 357 NLRB No. 83 (2011).
2 We have treated the Employer’s Request for Review of the Regional Director’s July 30,
2014 Direction of Election as a request for special permission to appeal.