The National Labor Relations Board (NLRB) issued an Order denying a Request for Review filed by the International Brotherhood of Electrical Workers Local 329 and 738. The Petitioner sought review of the Regional Director's Decision and Order concerning the inclusion of the Storeroom Supervisor Non Exempt (SSNE) classification within an existing bargaining unit represented by the Petitioner.

The Board, in denying review, agreed with the Regional Director that the SSNE classification did not share an overwhelming community of interest with the unit employees. While acknowledging some similarities, such as shared supervision, daily contact, functional integration, and comparable terms and conditions of employment, the Board found that these were outweighed by significant differences. Specifically, SSNEs performed quasi-supervisory duties not undertaken by unit employees. Furthermore, there was only limited evidence of one-way interchange between the SSNEs and the existing unit. Crucially, the SSNEs possessed unique terms and conditions of employment, including a salary, higher income levels, merit-based increases derived from biannual evaluations, and larger bonuses. The Board referenced Recology Hay Road, 367 NLRB No. 32 (2019), in support of its conclusion that accretion was inappropriate when factors such as interchange, skills, duties, and terms and conditions of employment weighed against a finding of an overwhelming community of interest.

Member Prouty concurred with the denial of review but based his agreement solely on the Petitioner's failure to adequately challenge the Regional Director's accretion analysis. He noted that the Request for Review did not sufficiently contest the Regional Director's analysis under Premcor, Inc., 333 NLRB 1365 (2001), and therefore, did not present a sufficient basis for the Board to grant review.

Significant Cases Cited

• Recology Hay Road, 367 NLRB No. 32 (2019): This case establishes that an overwhelming community of interest is not present when factors such as interchange, skills and duties, and terms and conditions of employment weigh against accretion.
• Premcor, Inc., 333 NLRB 1365 (2001): This case likely outlines the legal framework or specific tests for accretion analysis that the Petitioner failed to sufficiently challenge.

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