An employer had a real argument that the union’s proposed bargaining unit was wrong. It lost anyway — because it raised the argument too late.
In Sharp Staffing Resource Network, the SEIU petitioned for a unit of technical and other non-professional employees under the Board’s Health Care Rule. The employer challenged the unit lacked an internal community of interest. It never disputed that the Health Care Rule applied — in fact, it even stipulated the union was seeking a unit defined by that rule.
Then, on appeal, the employer changed course and argued the Health Care Rule shouldn’t apply at all. The Board refused to hear it. A request for review “may not raise any issue or allege any facts not timely presented to the Regional Director.” Argument waived.
Representation hearings are where you build your record — not the warm-up act. Every unit-scope theory you might rely on has to be raised and litigated before the Regional Director. Save it for appeal, and you’ve lost it.
In Sharp Staffing Resource Network, the SEIU petitioned for a unit of technical and other non-professional employees under the Board’s Health Care Rule. The employer challenged the unit lacked an internal community of interest. It never disputed that the Health Care Rule applied — in fact, it even stipulated the union was seeking a unit defined by that rule.
Then, on appeal, the employer changed course and argued the Health Care Rule shouldn’t apply at all. The Board refused to hear it. A request for review “may not raise any issue or allege any facts not timely presented to the Regional Director.” Argument waived.
Representation hearings are where you build your record — not the warm-up act. Every unit-scope theory you might rely on has to be raised and litigated before the Regional Director. Save it for appeal, and you’ve lost it.