The old saying “you can’t lose what you never had” is a best case scenario when facing a union election. Better stated for that situation is “you can’t lose an election that never happens.” Today, Tanner Cuts, a small hair salon on Ft. Jackson is the beneficiary of that truth.
Tanner Cuts Receives a Union Election Petition
The United Food and Commercial Workers Union, Local 204 filed a petition with the National Labor Relations Board (NLRB) to attempt to force Tanner Cuts to unionize. Paul Sommerville, worked with the owner closely to determine the best plan of attack to keep her business union-free. It was during these early discussions that Paul quickly realized, the NLRB should not even have jurisdiction to order this election.
NLRB Jurisdiction
The National Labor Relations Act limits the NLRB’s jurisdiction to companies engaged in interstate commerce. Tanner Cuts provides hair salon services to a small military entrance processing station, Ft. Jackson, in Columbia, South Carolina. The salon does not purchase products in excess of the NLRB standards from across state lines. It does not provide services of any kind across state lines. It does not engaged in any form of interstate commerce.
Sommerville’s Gambit
The discussion about the scope of the business and the total revenue dictated the best way to ensure a victory – don’t have the battle. Paul challenged the jurisdiction of the NLRB. The NLRB pushed back “assuring” him that he was wrong and cited certain case law in support of their assertion of jurisdiction. Sommerville, calling upon his more than forty years’ experience knew the Board was incorrect. He researched the case law and quickly determined he was correct. He forcefully pressed the issue with the Board agent. In the face of the case law Sommerville presented and his argument, the Board finally relented.
Withdrawal
Having accepted Sommerville’s argument that the Board did not have jurisdiction, the agent contacted the union. The union withdrew its petition instead of litigating the issue in what can only be seen as an admission that the Board lacked jurisdiction. Tanner Cuts would not be facing a union election, and due to Sommerville’s excellent work, the salon can rest easy that it will not face this daunting situation again in the future.
Kudos to Paul. Congratulations to Tanner Cuts.
