United Rentals North America

National Labor Relations Board - Board Decisions

May 28, 2014

14-RC-126113 (N.L.R.B. May. 28, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
UNITED RENTALS NORTH AMERICA
Employer
and Case 14-RC-126113
INTERNATIONAL UNION OF
OPERATING ENGINEERS, LOCAL 513
Petitioner
ORDER
The Employer’s Request for Review of the Regional Director’s Decision and Direction of
Election raises a substantial issue solely with respect to the inclusion of the outside sales
representative in the unit found appropriate. We find that the reluctance to exclude a single
employee from an otherwise appropriate unit expressed in United Rentals, 342 NLRB 540, 542
fn.11 (2004), is not a sufficient basis for disregarding the parties’ stipulation to exclude the
outside sales representative from the Cape Girardeau unit. See Carl’s Jr., 285 NLRB 975, 975
fn. 1 (1987) (stipulations concerning voting units are to be given effect “unless the result is
inconsistent with the Act or Board policy”). Accordingly, the Decision is amended to exclude
the outside sales representative employed at the Employer’s Cape Girardeau facility from the
unit. The Request for Review is denied in all other respects.1
MARK GASTON PEARCE, CHAIRMAN
KENT Y. HIROZAWA, MEMBER
HARRY I. JOHNSON, III, MEMBER

Dated, Washington, D.C., May 28, 2014.

1 In denying review, we agree with the Regional Director that the Employer has failed to rebut
the presumption that the petitioned-for single-facility unit of drivers, service technicians, and
inside sales representatives employed at the Cape Girardeau, Missouri facility is appropriate.
We do not reach the question of whether the Board’s test in Specialty Healthcare &
Rehabilitation Center of Mobile, 357 NLRB No. 83 (2011), enfd. sub nom. Kindred Nursing
Centers East, LLC v. NLRB, 727 F.3d 552 (6th Cir. 2013), applies under the circumstances of
this case.