Surf-Prep, Inc.

National Labor Relations Board - Board Decisions

Apr 11, 2019

18-UC-226905 (N.L.R.B. Apr. 11, 2019)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
SURF-PREP, INC.
Employer
and Cases 18-UC-226905
18-UC-226908
LOCAL 802, INTERNATIONAL
UNION OF PAINTERS AND ALLIED
TRADES and DISTRICT COUNCIL NO. 7
Unions
ORDER
The Employer’s Request for Review of the Regional Director’s dismissal of the
unit clarification petitions is denied as it raises no substantial issues warranting review.1
JOHN F. RING, CHAIRMAN
LAUREN McFERRAN, MEMBER
WILLIAM J. EMANUEL, MEMBER
Dated, Washington, D.C., April 11, 2019.

1 In denying review, we agree with the Regional Director that the unit clarification
petitions here raise a dispute over the assignment of unit work to non-unit employees,
as opposed to a representational claim over the non-unit employees, and that
accordingly the dispute is not appropriate for a unit clarification proceeding. See
Cincinnati Gas & Electric Co., 235 NLRB 424, 425 (1978); Coatings Application Co.,
307 NLRB 806, 806 (1992). We accordingly find it unnecessary to rely on Al J.
Schneider & Associates, Inc., 227 NLRB 1305 (1977).