03/19/2024: Medieval Times Union Backs Out. A Combined Professional/Non-Professional Unit.
All elections today.
SWCA, Incorporated, 27-RC-321091 (Regional Election Decision). The regional director slogs through a long list of issues related to what workers can be included in the bargaining unit. This included supervisory status questions (one assistant project archeologist was a supervisor but two others were not because they did not formulate or effectuate high-level policies with independent discretion), temporary employee questions (several field technicians were not deemed temporary employees because they have a reasonable expectation of continued seasonal employment and their tenure was not finite), and a question about an intern (the decision found the intern lacked a community of interest with unit employees given the internship's short educational tenure without expectation of continued employment). The petitioned-for unit also includes both professional and non-professional employees. Under Section 9(b)(1) of the NLRA, professional and non-professional employees cannot be included in a unit together unless the majority of the professional employees opt for it. So the decision directs the creation of a ballot that includes options for split professional and non-professional units or a combined unit.
Herc Rentals, Inc., 18-RC-333971 (Regional Election Decision). The union sought to represent a multi-facility unit. The employer objected that it should instead be required to pursue single-facility units. The regional director applied the community-of-interest factors used to determine the appropriateness of multi-facility units — (1) similarity in employees’ skills, duties, and working conditions, (2) centralized control of management and supervision, (3) functional integration of business operations including employee interchange, (4) geographic proximity, and (5) bargaining history — and concluded that the multi-facility unit was appropriate. The regional director is thus directing a representation election for that unit.
Medieval Knights, LLC, 21-RD-330715 (Regional Election Decision). This decision from the NLRB Region 21 Regional Director dismisses a decertification petition filed by an employee (Michelle Dean) at Medieval Knights, LLC to remove the American Guild of Variety Artists as the union representing a unit of Knights, Squires, Show Cast, and Stables employees. The union was certified as the exclusive bargaining representative in November 2022. In November 2023, the decertification petition was filed asserting the union no longer represented the employees. A hearing was held in December 2023, but before a determination was made, in March 2024, the union disclaimed interest in continuing to represent the unit. Given the disclaimer, the Regional Director found further proceedings unwarranted, dismissed the petition, and revoked the union's certification as the unit's representative.