UNIVERSITY OF LA VERNE

National Labor Relations Board - Board Decisions

Apr 4, 2014

21-RC-115880 (N.L.R.B. Apr. 4, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
UNIVERSITY OF LA VERNE
Employer
and Case 21-RC-115880
SERVICE EMPLOYEES
INTERNATIONAL UNION
Petitioner
ORDER
The Employer’s Request for Review of the Acting Regional Director’s decision to
impound the ballots pending resolution of the unfair labor practices charges raises no substantial
issues warranting reversal of the Acting Regional Director’s determination. Accordingly, the
Acting Regional Director’s decision is affirmed.1
PHILIP A. MISCIMARRA, MEMBER
KENT Y. HIROZAWA, MEMBER
HARRY I. JOHNSON, III, MEMBER
Dated, Washington, D.C., April 4, 2014.

1 Member Miscimarra agrees that the Acting Regional Director did not abuse his discretion by
impounding the ballots under the Board’s current blocking charge procedures, although they
have been criticized on the ground that they “allow a party to dictate whether or not the election
ballots will be impounded simply by choosing between two different procedural mechanisms for
raising allegations of election misconduct”—i.e., unfair labor practice charges versus post-
election objections. Bally’s Atlantic City, 338 NLRB 443, 443 (2002) (Member Cowen,
dissenting). He finds it premature to reconsider this issue here, in light of the Board’s
solicitation of comments concerning possible changes to the blocking charge doctrine as part of
the Board’s recent Notice of Proposed Rulemaking regarding representation elections. See 79
Fed. Reg. 7334-7335 (Feb. 6, 2014).