In what appears to be the second unpublished decision in which he has participated since becoming a Board Member, Member Marvin E. Kaplan once again has “expresse[d] no view with respect to whether he agrees or disagrees with revisions [to the NLRB’s election procedures] made by the [“quickie] Election Rule….” Garda CL Atlantic, Inc., Case 29-RC-197242 (Oct. 3, 2017).
In Garda, the Special and Superior Officers Benevolent Association petitioned to represent a unit of the employer’s employees. An intervening union (United Federation of Special Police and Security Officers) requested that the representation election (scheduled for October 4, 2017) be stayed. The Board unanimously denied the intervening union’s request. Chairman Philip Miscimarra noted his continuing disagreement with the NLRB’s “quickie” elections rules, but Member Kaplan expressly declined to comment on where he stands.
Despite Member Kaplan’s declination to comment on the rules thus far, employers remain hopeful that the five-member Board’s three Republican members (Member Kaplan, newest Member William Emanuel, and Chairman Miscimarra) will find a way to blunt the impact of the rules.