The National Labor Relations Board (NLRB) denied Allied New York Services, Inc.'s (the Employer) Request for Review of the Regional Director's Decision and Direction of Election. The Board found that the Employer's request raised no substantial issues warranting review.

The Employer had asserted a constitutional claim that the Board's removal protections violated the separation of powers. However, the Board determined this claim did not warrant review because the Employer failed to present any evidence of harm resulting from these protections. The Board cited Winco Holdings, Inc. and the Fourth Circuit's decision in K & R Contractors, LLC v. Keene in support of the principle that a party must demonstrate harm to succeed on such a claim, regardless of the merits of the constitutional question itself.

Additionally, Member Mayer noted that the assertion of jurisdiction over the Employer was consistent with the NLRB's decision in Swissport Cargo Services, LP. He contrasted this with a National Mediation Board (NMB) decision in the same matter, which declined jurisdiction. Member Mayer pointed out that the NMB's decision appeared to be a departure from prior NMB practice. He expressed a willingness to consider, in a future case, whether the Board should again refer jurisdictional questions to the NMB to confirm its current stance. The Board also noted that the Employer's request for review document, while technically within the page limit, effectively exceeded it due to extensive single-spaced footnotes, which the Employer did not seek permission to file.

Significant Cases Cited

• Winco Holdings, Inc., 374 NLRB No. 37 (2026): This case supported the principle that a party must show harm to warrant review of a constitutional claim.
• K & R Contractors, LLC v. Keene, 86 F.4th 135 (4th Cir. 2023): This case affirmed that a party must assert harm resulting from allegedly unconstitutional statutes to warrant judicial review.
• Swissport Cargo Services, LP, 373 NLRB No. 144 (2024): This NLRB decision was cited as precedent for asserting jurisdiction over entities like the Employer.
• Swissport Cargo Services, LP, 52 NMB 25 (2024): This NMB decision, which declined jurisdiction, was discussed as a contrast to the NLRB's jurisdictional assertion.

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