Shocking Twist: Union Vote Could Be Useless—Is This Company About to Close for Good?

In a significant ruling, the National Labor Relations Board (NLRB) Regional Director for Region 12 has dismissed a representation petition filed by the Laborers’ International Union Local 55. The union sought to represent solar installation workers employed by SolarMovil PR LLC at a solar farm construction project in Guayama, Puerto Rico. The dismissal hinged on the determination of whether the employer’s cessation of operations was imminent enough to render a union election futile.

SolarMovil, established in August 2025, was contracted to install solar panel anchoring components at the Jobos solar project, which involved the installation of 2,400 CHS piles and 16,000 Platipus anchors for approximately 800 solar panels. The contract specified a completion date of November 9, 2025, with an extension option. Employees were informed during hiring that their roles were temporary, with an expected duration of six weeks.

The union filed its petition on December 2, 2025. At a hearing on December 11, SolarMovil’s field supervisor testified that 82% of the contracted work was completed and that the contract had been extended to January 2026 due to various delays. Production reports corroborated that by October 28, 48% of the required anchors had been installed, consistent with the supervisor's completion estimates.

The union argued against the dismissal, citing that SolarMovil had not filed paperwork for dissolution in Puerto Rico and had posted recruitment content on social media. However, the Regional Director found this evidence insufficient, noting that the social media post lacked a date and was likely related to the ongoing project. The Director concluded that SolarMovil had sufficiently demonstrated that ceasing operations was imminent and definite, applying established Board precedent that allows for the dismissal of election petitions when conducting one would serve no useful purpose.

To validate this, the Director considered the specifics of the case: a defined scope of work with a completion date, employee notifications regarding their temporary status, documented progress toward completion, and a lack of evidence suggesting further operations in Puerto Rico. The Director's ruling distinguished the union’s claims about corporate dissolution and social media activity, finding them inadequate to counter the evidence indicating that employment for the petitioned unit would end in January 2026.

This decision aligns with prior NLRB rulings, such as Retro Environmental, Inc./Green Jobworks, LLC from 2016, which established that election petitions would be dismissed when cessation of operations appears imminent. Additionally, the rulings from Hughes Aircraft Company in 1992 and Martin Marietta Aluminum in 1974 reaffirm that circumstances indicating a termination of operations within three to four months justify dismissing such petitions.

In a related case, the NLRB Regional Director has ordered a decertification election for drivers at Breakthru Beverage Florida. This followed a decertification petition filed by Tim Zulinke on October 24, 2025, amidst a federal government shutdown. The union sought to dismiss the petition, citing procedural defects and arguing that a contract executed on November 5, 2025, should prevent the election.

The Regional Director rejected these procedural challenges, asserting that the petitioner made good faith service attempts and that the union had ample opportunity to participate in hearings. The ruling underscored that a fully executed contract is necessary for it to serve as a bar against election petitions. Although a tentative agreement was reached on October 24, the finalization of the contract did not occur until November 5, after the petition was filed. Ongoing disputes about the effective date of the contract further complicated the situation, highlighting the necessity for full execution prior to any petition.

These decisions underscore the complexities surrounding labor representation and the importance of timely and clear communication between employers and employees. As the solar industry continues to grow in Puerto Rico, understanding the implications of such rulings is essential for stakeholders navigating the evolving landscape of labor relations.