The National Labor Relations Board (NLRB) denied requests for review filed by GVC LTD. (the Employer) and United Construction Trades and Industrial Employees Local 621 (the Petitioner) concerning the Regional Director's decision to block the processing of representation petitions. The Regional Director had placed a hold on the petitions, citing existing unfair labor practice charges that, if substantiated, would be inherently inconsistent with the petitions themselves, thereby triggering the Board's blocking-charge policy.

The Board's decision emphasized that the Regional Director acted in accordance with Section 103.20 of the Board's Rules and Regulations, which outlines the blocking-charge policy. This policy allows for the deferral of representation proceedings when a substantial and properly filed unfair labor practice charge is pending. The Board noted that at least some of the charges in question alleged conduct that, if proven, would directly undermine the legitimacy of the petition. Specifically, allegations of violations of Section 8(a)(1) or 8(a)(2) of the National Labor Relations Act, which challenge the circumstances surrounding the petition or the supporting showing of interest, fall under the category of "inherently inconsistent" conduct that may warrant blocking. This interpretation aligns with guidance provided in the NLRB Casehandling Manual.

For institutional reasons, Chairman Murphy and Member Mayer stated they were applying existing law in denying the requests for review and expressed no opinion on whether the blocking policy was correctly applied in this specific instance. The denial of the requests for review by the Employer and Petitioner meant that the Regional Director's blocking of the petitions would remain in effect pending the investigation of the outstanding unfair labor practice charges.

Significant Cases Cited

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