Swissport USA, Inc.

National Labor Relations Board - Unpublished Board Decisions

Mar 26, 2015

29-RC-144512 (N.L.R.B. Mar. 26, 2015)

UNITED STATES GOVERNMENT
BEFORE THE NATIONAL LABOR RELATIONS BOARD
SWISSPORT USA, INC.
Employer
and Case 29-RC-144512
INTERNATIONAL ASSOCIATION OF
MACHINISTS & AEROSPACE WORKERS, AFL-CIO,
DISTRICT LODGE 15, LOCAL LODGE 447
Petitioner
ORDER
The Employer’s Request for Review of the Regional Director’s Decision and Direction of
Election is denied as it raises no substantial issues warranting review.1
MARK GASTON PEARCE, CHAIRMAN
HARRY I. JOHNSON, III, MEMBER
LAUREN McFERRAN, MEMBER
Dated, Washington, D.C., March 26, 2015.

1 In denying review, we find no merit in the Employer’s contention that the petitioned-for unit of
cleaners is inappropriate because the bargaining history of the unit dictates that all of the
Employer’s ramp agents also must be included in the unit. Although the Petitioner’s most recent
collective-bargaining agreement with the Employer’s predecessor, Servisair, covered ramp
agents, Servisair had not employed any ramp agents since 2013, approximately 2 years before
the petition was filed. In those circumstances, we find that the Employer has not demonstrated
that the Regional Director erroneously accorded bargaining history less weight. Last, we
observe that in Freeman, 16-RC-070839, 16-RC-070942 (Feb. 13, 2012), cited by the Employer,
the issue of the weight to be given to bargaining history was never presented to or addressed by
the Board.
Member Johnson finds the petitioned-for unit appropriate under the Board’s traditional
community-of-interest analysis. Accordingly, under the circumstances of this case, Member
Johnson finds no need to express a view whether Specialty Healthcare and Rehabilitation Center
of Mobile, 357 NLRB No. 83 (2011), enfd. sub nom. Kindred Nursing Centers East, LLC v.
NLRB, 727 F.3d 552 (6th Cir. 2013), was correctly decided and correctly applied here.