Durham School Services, L. P.

National Labor Relations Board - Unpublished Board Decisions

Nov 4, 2015

32-RC-150090 (N.L.R.B. Nov. 4, 2015)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
DURHAM SCHOOL SERVICES, L.P.
Employer
and Case 32-RC-150090
TEAMSTERS LOCAL 853, INTERNATIONAL
BROTHERHOOD OF TEAMSTERS, CHANGE TO
WIN
Petitioner
ORDER
The Employer’s Request for Review of the Regional Director’s Decision and Certification of
Representative is denied as it raises no substantial issues warranting review.1
KENT Y. HIROZAWA, MEMBER
LAUREN McFERRAN, MEMBER
Member Miscimarra, dissenting:
The Employer argues that the Board’s Final Rule on representation case procedures violated
its procedural due process rights and otherwise prejudiced the Employer, and frustrated
employees’ Section 7 rights. I expressed my disagreement with these procedures in my dissent
to the Final Rule. 79 Fed.Reg. 74308, at 77430-74460 (Dec. 15, 2014) (dissenting views of
Members Miscimarra and Johnson). In the instant case, for similar reasons, I would grant the
Employer’s Request for Review on the basis that it raises substantial questions regarding the
effect and application of the Board’s Final Rule. See Pulau Corporation, 363 NLRB No. 8
(2015) (Member Miscimarra, dissenting). In all other respects, I join my colleagues in denying
review.
PHILIP A. MISCIMARRA, MEMBER
Dated, Washington, D.C., November 4, 2015.

1 In denying the Employer’s Request for Review, we agree with the Regional Director that the
Employer untimely raised its argument challenging the validity of the Board’s revised
representation case procedures.