Lift Truck Sales & Service

National Labor Relations Board - Unpublished Board Decisions

Nov 23, 2015

14-RD-137434 (N.L.R.B. Nov. 23, 2015)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
LIFT TRUCK SALES AND SERVICES, INC.
Employer
and Case 14-RD-137434
WILLIAM HUBBARD
Petitioner
and
BUILDING MATERIALS, EXCAVATING,
HEAVY HAULERS, DRIVERS,
WAREHOUSEMEN AND HELPERS, LOCAL
UNION No. 541 AFFILIATED WITH THE
INTERNATIONAL BROTHERHOOD OF
TEAMSTERS
Union
ORDER
The Petitioner’s Request for Review of the Acting Regional Director’s administrative
dismissal of the petition is denied as it raises no substantial issues warranting review.1
Accordingly, the dismissal is affirmed.
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
LAUREN McFERRAN, MEMBER
Dated, Washington, D.C., November 23, 2015.

1 In denying review, we also rely on the February 17, 2015 settlement agreement between the
Employer and the Union resolving the alleged unfair labor practices that was approved after the
Regional Director dismissed the petition. In that agreement, the Employer admitted “that since
on or about May 22, 2014 it violated Section 8(a)(1) and (5) of the National Labor Relations Act
by engaging in bad faith bargaining designed to frustrate the parties’ ability to achieve agreement
on a new collective bargaining agreement” and “that its unfair labor practices admitted [therein
were] sufficient to taint the petition…and to require the dismissal of the petition.” In these
circumstances, a question concerning representation is precluded at this time and the petition
must be dismissed.