Modern Concrete Products, Inc.

National Labor Relations Board - Unpublished Board Decisions

Dec 30, 2009

12-RD-001057 (N.L.R.B. Dec. 30, 2009)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
MODERN CONCRETE PRODUCTS, INC.
Employer
and Case 12-RD-1057
JESUS HERNANDEZ
Petitioner
and
LABORERS INTERNATIONAL UNION OF
AMERICA, CONSTRUCTION AND CRAFT
WORKERS, LOCAL 1652
Union
ORDER
Petitioner's Request for Review of the Acting Regional Director's administrative dismissal
of the instant petition raises no substantial issues warranting reversal of the Acting
Regional Director's action. Accordingly, the dismissal is affirmed.1
WILMA B. LIEBMAN, CHAIRMAN
PETER C. SCHAUMBER, MEMBER
Dated, Washington, D.C., December 30, 2009.
1 Effective midnight December 28, 2007, Members Liebman, Schaumber, Kirsanow, and
Walsh delegated to Members Liebman, Schaumber, and Kirsanow, as a three-member group, all of
the Board's powers in anticipation of the expiration of the terms of Members Kirsanow and Walsh
on December 31, 2007. Pursuant to this delegation, Chairman Liebman and Member Schaumber
constitute a quorum of the three-member group. As a quorum, they have the authority to issue
decisions and orders in unfair labor practice and representation cases. See Sec. 3(b) of the Act. See
Narricot Industries, L.P. v. NLRB,_F.3d , 2009 WL 4016113 (4th Cir. Nov. 20, 2009); Snell
Island SNF LLC v. NLRB, 568 F.3d 410 (2d Cir. 2009), petition for cert. filed 78 U.S.L.W. 3130
(U.S. Sept. 11, 2009) (No. 09-328); New Process Steel v. NLRB, 564 F. 3d 840 (7th Cir. 2009), cert.
granted S.Ct. 2009 WL 1468482 (U.S. Nov. 2, 2009); Northeastern Land Services v. NLRB,
560 F.3d 36 (1 st Cir. 2009), petition for cert. filed 78 U.S.L.W. 3098 (U.S. Aug. 18, 2009)(No. 09-
213); Teamsters Local 523 v. NLRB, F.3d _, 2009 WL 4912300 (1 Oth Cir. Dec. 22, 2009).
But see Laurel Baye Healthcare ofLake Lanier, Inc. v. NLRB, 564 F.3d 469 (D.C. Cir. 2009),
petition for cert. filed 78 U.S.L.W. 3185 (U.S. Sept. 29, 2009) (No. 09-377).
Member Schaumber agrees with the decision of the Acting Regional Director in light of the
nature of the Sec. 8(a)(5) charges the Regional Director found to be with merit. He points out that,
while the Board required a causation hearing in Saint Gobain Abrasives, Inc., 342 NLRB 434
(2004), there the unfair labor practice alleged was "a single unilateral change on a single subject and
... there ... [were] significant factual issues as to the impact of that change." Id. at 434. He is of
the view that, at an appropriate time, the Board should consider reviewing its blocking charge
policies to determine whether they properly weigh the Board's dual interests in labor relations
stability and employee free choice.