TCGplayer, Inc., (2023)

• Date: 10 August 2023

UNITED STATES OF AMERICA

BEFORE THE NATIONAL LABOR RELATIONS BOARD

TCGPLAYER, INC.

Employer

and Case 03-RC-310876

COMMUNICATIONS WORKERS OF AMERICA

Petitioner

ORDER

The Employer’s Request for Review of the Acting Regional Director’s Decision and

Direction of Election and the Regional Director’s Decision on Objections and Certification of

Representative is denied as it raises no substantial issues warranting review.1

LAUREN McFERRAN, CHAIRMAN

MARVIN E. KAPLAN, MEMBER

DAVID M. PROUTY, MEMBER

Dated, Washington, D.C., August 10, 2023

1In denying review, we note that the Acting Regional Director’s determination to defer

litigation of the Operations Leads’ alleged supervisory status relied on both the 2014 and 2019

versions of Section 102.64(a) of the Board’s Rules and Regulations. As the Regional Director

subsequently explained in overruling the Employer’s related objections, the 2019 version of

Section 102.64(a) remained enjoined at the time the Acting Regional Director deferred litigation,

and the Board subsequently stayed its implementation. Representation Case Procedures, 88 FR

14913-14916 (Mar. 10, 2023). As such, the 2014 version of Section 102.64(a) was effective at all

relevant times and the Acting Regional Director’s determination was fully consistent with that

version. We therefore find it unnecessary to rely on the Acting Regional Director’s discussion of

the 2019 version of Section 102.64(a).

In denying review of the Regional Director’s Decision, we do not rely on Patient Care,

360 NLRB 637 (2014), or Polymers, Inc., 174 NLRB 282 (1969), enfd. 414 F.2d 999 (2dCir.

1969), cert. denied 396 U.S. 1010, 90 S. Ct. 570, 24 L. Ed. 2d 502 (1970), to the extent she

suggested that these cases set forth an overall standard for objectionable conduct. Both cases

concern Board agent conduct during an election and are therefore inapposite with respect to

objections alleging party or third-party conduct.