Indus Holding Co.

National Labor Relations Board - Unpublished Board Decisions

Dec 20, 2019

32-RD-247755 (N.L.R.B. Dec. 20, 2019)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
INDUS HOLDING CO.
Employer
and

ESMERALDA OCHOA Case 32-RD-247755
Petitioner
and
UNITED FOOD AND COMMERCIAL WORKERS
UNION, LOCAL 5
Union
ORDER
The Employer’s Request for Review of the Regional Director’s determination to hold the
petition in abeyance is denied as it raises no substantial issues warranting review.1
JOHN F. RING, CHAIRMAN

1 We observe that the Board recently issued a Notice of Proposed Rulemaking that addresses,
among other things, possible changes to the Board’s blocking charge policy. See
Representation-Case Procedures: Elections Bars; Proof of Majority Support in Construction
Industry Collective-Bargaining Relationships, 84 Fed. Reg. 39930-01 (proposed Aug. 12,
2019). For institutional reasons, we nevertheless apply extant law here in denying the
Employer’s Request for Review.
In denying review, we do not rely on Case 32-CA-247928, because we do not find that the
Union’s written offer of proof in support of the charge would, if proven, demonstrate that the
Employer unlawfully refused to bargain. The Union thus fails to describe evidence that “would
interfere with employee free choice in an election or would be inherently inconsistent with the
petition itself,” as required by Sec. 103.20 of the Board’s Rules and Regulations. We instead
rely solely on Case 32-CA-247914, for which we find the Union’s written offer of proof
sufficient.

MARVIN E. KAPLAN, MEMBER
WILLIAM J. EMANUEL, MEMBER
Dated, Washington, D.C., December 20, 2019.