The summary of NLRB decisions for the week of Aug. 15-19 is now available.
Summarized Board Decisions
Retro Environmental, Inc./Green Jobworks, LLC (05-RC-153468; 364 NLRB No. 70) Washington, DC, August 16, 2016.
In this decision on review, a Board panel majority consisting of Chairman Pearce and Member Hirozawa reversed the Regional Director’s dismissal of the petition, finding that Retro Environmental, Inc. and Green JobWorks, LLC are joint employers of the employees in the petitioned-for unit, and that the Employers failed to prove that cessation of their joint operations is both imminent and definite. The majority reinstated the petition and remanded the case to the Regional Director for further appropriate action. Dissenting, Member Miscimarra would affirm the Regional Director’s dismissal of the petition based on imminent cessation of operations. He found it unnecessary to reach or pass on the joint-employer issue, but noted that, in his view, it was speculative whether the Employers would constitute a joint employer on future projects.
Petitioner – Construction and Master Laborers’ Local 11 a/w Laborers’ International Union of North America (LIUNA). Chairman Pearce and Members Miscimarra and Hirozawa participated.