WBI Energy Midstream, LLC

National Labor Relations Board - Board Decisions

Apr 7, 2014

27-RC-119907 (N.L.R.B. Apr. 7, 2014)

UNITED STATES OF AMERIC
BEFORE THE NATIONAL LABOR RELATIONS BOARD
WBI ENERGY, INC.
Employer
and Case 27-RC-119907
SYSTEM COUNCIL U-27, INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS
Petitioner
ORDER
The Employer’s Request for Special Permission to Appeal the Regional Director’s Order
Reopening Representation Hearing is granted, and the appeal is denied on the merits.1 The
Employer’s Motion to Transfer the Case to the Board is also denied.
KENT Y. HIROZAWA, MEMBER
HARRY I. JOHNSON, III, MEMBER
NANCY SCHIFFER, MEMBER
Dated, Washington D.C., April 7, 2014

1The Regional Director did not abuse her discretion here. The Employer, citing Sec. 102.65(e)(1)
of the Board’s Rules & Regulations, contends that the Regional Director was not authorized to
reopen the record, sua sponte, for the purpose of taking additional evidence pertaining to the
petitioned-for unit and the related issue of single-employer status. That rule, however, by its
terms pertains to parties, not to the Regional Director, who is ultimately responsible for ensuring
that the record is full and complete. Inherent in that responsibility is the discretionary authority
to reopen an incomplete record. Accordingly, Sec. 102.67(a) of the Rules specifies that “[t]he
Regional Director may proceed, either forthwith upon the record or after oral argument, the
submission of briefs, or further hearing, as he may deem proper, to determine the unit
appropriate for the purpose of collective bargaining, to determine whether a question concerning
representation exists, and to direct an election, dismiss the petition, or make other disposition of
the matter.” (emphasis added). Regional directors have exercised this authority in the past. See,
e.g., Musical Theater Association, 221 NLRB 872, 872 fn.1 (1975). Further, our review of the
parties’ post-hearing briefs confirms that there is ample basis for seeking additional evidence on
the issues specified by the Regional Director in this case.