AMERICAN INDIAN COMMUNITY HOUSING ORGANIZATION

National Labor Relations Board - Unpublished Board Decisions

Dec 11, 2015

18-RD-154756 (N.L.R.B. Dec. 11, 2015)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
AMERICAN INDIAN COMMUNITY HOUSING
ORGANIZATION
Employer
and Case 18-RD-154756
CRYSTAL PARNIN AND SETH BOROVSKY
Petitioners
and
AMERICAN FEDERATION OF STATE, COUNTY,
AND MUNICIPAL EMPLOYEES, LOCAL 3558
(A/K/A/ AFSCME LOCAL 3558)
Union
ORDER
The Union’s Request for Review of the Acting Regional Director’s Decision and
Direction of Election is denied as it raises no substantial issues warranting review.1
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
KENT Y. HIROZAWA, MEMBER
Dated, Washington, D.C., December 11, 2015.

1 We agree with the Acting Regional Director’s finding that the Union failed to establish a
contract bar. We find that the Union failed to meet its burden of proving that the agreement was
ratified, and thus failed to prove that a condition precedent for contract formation occurred prior
to the petition’s filing. We find it unnecessary to pass on the Acting Regional Director’s other
reasons for finding the parties’ March 24 email exchange insufficient to establish a contract bar.
Further, we find that the Acting Regional Director, through the hearing officer, correctly
prohibited the parties from litigating the appropriateness of the unit at the hearing because
neither the Union nor the Employer raised this issue in its statement of position, and they both
indicated in their statements of position that the unit in the petition is appropriate. See Board’s
Rules & Regulations Section 102.66(d) (effective April 14, 2015). Member Miscimarra finds
that the Regional Director correctly determined the unit in the petition was appropriate and
coextensive with the preexisting certified or recognized unit, Mo’s West, 283 NLRB 130, 130
(1987), and Member Miscimarra does not reach or rely on the Union’s failure to challenge unit
appropriateness in its statement of position.