The National Labor Relations Board (NLRB) denied Atlantic Recovery Services, Inc.'s Request for Review of the Regional Director's Decision and Direction of Election. The Board also denied the Employer's request to stay the election, finding it moot. The Regional Director's decision had not explicitly found that the petitioned-for Commercial Driver's License (CDL) drivers constituted a readily identifiable group. However, the Board, applying the precedent set in American Steel Construction, Inc., found that the CDL drivers were a readily identifiable group based on their job classifications, departments, functions, work locations, and skills. Chairman Murphy and Member Mayer, while noting they did not participate in the American Steel Construction decision and expressed no opinion on its correctness, agreed to apply its holding for institutional reasons.

Significant Cases Cited

• American Steel Construction, Inc., 372 NLRB No. 23 (2022): This case established criteria for identifying a readily identifiable group of employees for election purposes based on job classifications, departments, functions, work locations, and skills.

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