Washington Lawyers' Committee for Civil Rights and Urban Affairs

National Labor Relations Board - Unpublished Board Decisions

Dec 11, 2019

05-RC-244591 (N.L.R.B. Dec. 11, 2019)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
WASHINGTON LAWYERS’ COMMITTEE FOR
CIVIL RIGHTS AND URBAN AFFAIRS
Employer
and Case 05-RC-244591
NATIONAL ORGANIZATION OF LEGAL
SERVICES WORKERS, UAW Local 2320 a/w
UNITED AUTOMOBILE, AEROSPACE, AND
AGRICULTURAL IMPLEMENT WORKERS OF
AMERICA, AFL-CIO
Petitioner
ORDER
The Employer’s Request for Review of the Acting Regional Director’s Decision and
Direction of Election and Supplemental Decision Overruling Objections and Certification of
Representative is denied because it raises no substantial issues warranting review.1
JOHN F. RING, CHAIRMAN
MARVIN E. KAPLAN, MEMBER
WILLIAM J. EMANUEL, MEMBER
Dated, Washington, D.C., December 11, 2019.

1 In denying review, we observe that representation cases are not subject to the
Administrative Procedure Act. See 5 U.S.C §§ 554(a)(6), 556, 557(a). Cf. Bendix Corp., 150
NLRB 718, 718 fn. 1 (1964) (RC hearings “are nonadversary in nature and not within the
Administrative Procedure Act”).
We express no view with respect to whether we agree or disagree with the revisions made
by the Board’s 2014 Election Rule but agree that it applies here and warrants denial of the
Employer’s Request for Review.