VOLKSWAGEN GROUP OF AMERICA, INC.

National Labor Relations Board - Board Decisions

Apr 16, 2014

10-RM-121704 (N.L.R.B. Apr. 16, 2014)

1
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
VOLKSWAGEN GROUP OF AMERICA, INC.
Employer/Petitioner
and Case 10-RM-121704

INTERNATIONAL UNION, UNITED AUTOMOBILE,
AEROSPACE AND AGRICULTURAL IMPLEMENT
WORKERS AMERICA—UAW
Union
and
MICHAEL BURTON, et al.
Intervenor
and
SOUTHERN MOMENTUM, TRAVIS FINNELL AND
SEAN MOSS, et al.
Intervenor
ORDER
On March 10, 2014, the Acting Regional Director, on the motions of seven
of the Employer/Petitioner’s employees and Southern Momentum, a corporation
of which one of the employees was a director, granted the movants permission to
participate in the hearing on the Union’s objections to conduct affecting the
results of the election, for the limited purposes of (1) offering evidence in
opposition to the objections, (2) cross-examining witnesses, and (3) filing briefs.
Some of the objections specifically named Southern Momentum and at least one
of the employees, and it appeared that evidence or argument in connection with
those objections would otherwise be presented only by the Union. The Acting
2
Regional Director’s order stated that it was “non-precedential” and based on “the
unique circumstances of this case.”
The Union has requested leave to file a special appeal from the Acting
Regional Director’s order. Under the unique circumstances of this case, we do
not think that the Acting Regional Director abused her discretion in permitting
limited participation in the objections hearing. Accordingly, leave to appeal is
granted and the appeal is denied on the merits.
PHILIP A. MISCIMARRA, MEMBER
KENT Y. HIROZAWA, MEMBER
HARRY I. JOHNSON, III MEMBER
Dated, Washington, D.C., April 16, 2014.