The National Labor Relations Board (NLRB) denied Clean Harbors Environmental Services, Inc.'s ("the Employer") Request for Review of the Regional Director's Decision and Direction of Election. The Board also denied as moot the Employer's Request for Review of the Regional Director's Decision and Order Directing Opening and Counting of Challenged Ballots.

In denying review of the initial decision, the Board acknowledged a misstep by the Regional Director regarding the job functions factor in the community of interest analysis. The Regional Director had incorrectly concluded that the job functions of the Employer's drivers weighed in favor of finding a community of interest with an existing unit of mechanics for the purpose of an Armour-Globe election. However, the Board found that despite this error, the Regional Director's overall determination that the drivers and mechanics shared a sufficient community of interest was not clearly erroneous. This conclusion was supported by the presence of substantial functional integration and frequent, substantive contact between the drivers and the mechanics, as outlined in Public Service Co. of Colorado.

The Board's decision implicitly upholds the Regional Director's ultimate conclusion that an Armour-Globe election was appropriate, meaning the drivers could be included in the existing unit of mechanics. The denial of the review request means the Regional Director's direction of election stands, and any challenged ballots will be opened and counted in accordance with that direction.

Significant Cases Cited

• Public Service Co. of Colorado, 365 NLRB 1017 (2017): This case established that an Armour-Globe election is appropriate when there is substantial functional integration and frequent, substantive contact between the petitioned-for employees and the employees in an existing unit.

This summary was generated using Google's Gemini 2.5 Flash Lite. It could contain errors.