Atlantic Recovery Services, Inc. - Decision and Direction of Election (Case 04-RC-367692)

Sep 18, 2026

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Atlantic Recovery Services, Inc. and International Union of Operating Engineers Local 542, AFL-CIO dispute whether the proposed bargaining unit of approximately 14 commercial driver license (CDL) drivers at a single facility is appropriate. The Employer argues the unit should also include technicians (non-CDL drivers) and workers at multiple yards. After a June 27, 2025 hearing, the decision finds the CDL-driver unit at the Morrisville, Pennsylvania facility constitutes an appropriate unit and orders an election accordingly.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages12

Reading Time30 min

AccessFree to download

Decision and Direction of Election

Issue Presented

Hearing and Record Findings

Facts

The Employer’s Operation

CDL Drivers

UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD REGION 4 ATLANTIC RECOVERY SERVICES, INC. Employer and Case 04-RC-367692 INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 542, AFL-CIO Petitioner DECISION AND DIRECTION OF ELECTION This case concerns whether the petitioned-for unit of approximately 14 commercial driver license (CDL) drivers at a single facility constitutes an appropriate unit. International Union of Operating Engineers Local 542 , AFL-CIO (the Petitioner) filed a petition seeking to represent this unit of all CDL drivers employed by Atlantic Recovery Services, Inc. (the Employer) working out of its Morrisville, Pennsylvania facility.1 The Employer takes the position that this is not an appropriate unit, as an appropriate unit should also include technicians (also called “techs” or nonCDL drivers) and should include those who work out of the Employer’s multiple yards. On June 27, 2025 , a hearing was held before a Hearing Officer of the Board, at which time the parties were afforded the opportunity to present evidence reach stipulations, submit exhibits, and make oral arguments on the record. As explained below, based on the record and relevant Board law, I find that the petitioned-for unit of CDL drivers constitutes an appropriate unit, and the Employer has not demonstrated that the technicians share an overwhelming community of interest with the CDLdrivers such that they should be included in the unit, nor has it rebutted the 1 The original petition filed on June 18, 2025 described the included unit as “all CDL Vac Truck Drivers working out of the Philadelphia Ave. location.” At the hearing, the Petitioner clarified the petitioned-for unit as “all CDL Drivers” working out of the Employer’s 351 West Philadelphia Avenue, Morrisville, PA location, excluding all non-CDL drivers. single-facility presumption. I am therefore directing an election in the petitioned-for unit ofCDL drivers at the Morrisville, PA facility. I. FACTS A. The Employer’s Operation The Employer is engaged in the business of providing total industrial cleaning services to customers located primarily in New Jersey and Pennsylvania. The Employer operates out of several yards, including three in Pennsylvania—Morrisville, Fairless Hills, and Philadelphia—and two in Newark, New Jersey. Each yard contains various equipment that the Employer uses when servicing its customers. The Employer mostly uses five different pieces of equipment that require operators to have a commercial driving license—the winch truck, dump truck, combo-Vac-jetter truck, roll-off truck, and water truck. The Morrisville yard contains “back trucks,” also known as liquid or water trucks. The Fairless Hills yard stores about ten to twelve pieces of equipment, including the gap-backs, dump trucks, roll-offs, and combo trucks. The Philadelphia yard has about five pieces of equipment, including two water trucks and three box trucks. The Wright Street, Newark yard location has mostly box trucks (Wright Street) . The Thomas Street, Newark yard is a “laydown yard,” where the workers “stage the truck” for jobs. Dispatcher Gabriel Rivera manages the Morrisville, Fairless Hills and Philadelphia yards. Another dispatcher, Wally Jameson, manages the Newark yards. Andrew Haas supervises Rivera and Jameson and oversees all the yards. Rivera interviews for all facilities and provides feedback on those interviews, while Haas handles all the hiring, promotions, and firing of all employees. Rivera handles discipline, performance evaluations, and leave for all facilities. As dispatcher, Rivera schedules the CDL drivers and technicians and determines who to send to job sites. Rivera typically sends out assignments in the evening for the next day’s work. In one day, Riveria could be dispatching employees to over seven different job sites in both New Jersey and Pennsylvania. How many employees are sent to a job site depends on the size of the job

FAQs

What bargaining unit is being sought in the petition?

The petitioner seeks to represent approximately 14 CDL drivers working out of Atlantic Recovery Services, Inc.’s Morrisville, Pennsylvania facility, excluding non-CDL drivers.

What is the Employer’s main argument against the proposed unit?

The Employer argues the unit should also include technicians (non-CDL drivers) and should include employees working out of the Employer’s multiple yards.

What was the outcome of the Board’s decision?

The decision concludes the petitioned-for CDL-driver unit at the Morrisville, Pennsylvania facility is appropriate and directs an election in that unit.

Sep 18, 2026

Uploaded by Himbo