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62 FLRA No. 9
National Labor Relations Board and National Labor Relations Board Union, WA- RP-06-0019 (March 14, 2007)
The Agency, the National Labor Relations Board (Board), sought review of the Regional Director's (RD) Decision and Order and Direction of Election in which the RD found a consolidated unit sought by the Union consisting of both professional and nonprofessional employees to be appropriate. Accordingly, the RD ordered an election of the professional employees to determine if they wished to be included in the mixed unit. Alternatively, the RD determined that a consolidated unit of professional employees would be appropriate in the event the professional employees voted not to be included in a mixed unit.
The Authority granted the application for review on the ground that the application raised a question for which there was an absence of precedent. The Authority also denied the Agency's request for a stay while the matter was pending, ordering instead that the ballots in any election conducted be impounded until the application was resolved. On review, the Authority concluded that the Agency had not established that the RD erred in finding the consolidated units appropriate. The Authority first held that § 3(d) of the National Labor Relations Act, 19 U.S.C. 153(d) does not restrict the appropriateness of a unit containing employees of both the Board and its General Counsel. Second, the Authority held that the RD did not fail to apply established law. Finally, the Authority held that the RD did not commit clear and prejudicial factual errors in applying the criteria for unit appropriateness found in § 7112(a) of the Statute.