The National Labor Relations Board (NLRB) denied the Intervenor's Request for Review of the Acting Regional Director's dismissal of its motion to dismiss the petition and its Decision on Objections and Certification of Representative. The Board found that the Intervenor's request raised no substantial issues warranting review.

The Intervenor's arguments were based on the premise that the Employer engaged in objectionable conduct by expressing a preference for one union over another, thereby interfering with the election process. The Board, in its analysis, clarified the appropriate standard for evaluating such claims in cases involving competing unions. The relevant standard is whether the employer has communicated a preference that "threaten[s] or promise[s] employees that it will act in a different manner depending on what union the employees choose to represent them." The Board specifically noted that it did not rely on Patient Care, 360 NLRB 637 (2014) because that case involved allegations of Board agent misconduct, which were not present in this instance.

Furthermore, the Board stated that it did not adopt the Acting Regional Director's analysis under Harborside Healthcare, Inc., 343 NLRB 906 (2004). Instead, the Board applied the standard from Amboy Care Center, 322 NLRB 207 (1996), which addresses employer favoritism in the context of competing unions. The Intervenor failed to present evidence that the Employer had acted in a manner that threatened or promised employees different treatment based on their union choice. Crucially, the Intervenor also did not offer proof that any alleged statements were disseminated to a sufficient number of employees to justify setting aside the election.

Finally, the Board found the Intervenor's reliance on President Container, Inc., 328 NLRB 1277 (1999) to be unavailing. In President Container, Inc., the employer's owner publicly and dramatically refused to negotiate with the incumbent union on the eve of the election in front of a significant number of employees, which the Board deemed objectionable conduct likely to cause the union to lose support. The Board distinguished the present case by emphasizing that there was no allegation that the Employer had publicly and explicitly repudiated its obligation to bargain with the incumbent union in the presence of a large group of unit employees.

Significant Cases Cited

• Amboy Care Center, 322 NLRB 207 (1996): This case establishes the standard that an employer's preference for one union over another is objectionable if it threatens or promises employees that the employer will act differently depending on their union choice.
• Harborside Healthcare, Inc., 343 NLRB 906 (2004): While not relied upon for its analysis in this specific decision, the case is generally relevant to objections in representation elections.
• Patient Care, 360 NLRB 637 (2014): This case deals with objectionable conduct related to Board agent misconduct, which was not an issue in the present decision.
• President Container, Inc., 328 NLRB 1277 (1999): This case found objectionable conduct where an employer's public and dramatic refusal to negotiate with the incumbent union occurred in front of a substantial number of employees on the eve of an election.

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