NLRB Region 12 Reinforces Imminent Closure Standard In SolarMovil PR LLC Decision

At a Glance

• Recent decision provides guidance on when the Board will dismiss a union petition involving employer operations that are temporary or about to close.
• Decision provides clarity on what proof employers can provide to support dismissal in these circumstances.

On January 21, 2026, the NLRB regional director (RD) for Region 12 issued a decision in SolarMovil PR LLC that provides timely and practical guidance for employers operating with project‑based, temporary, construction‑driven workforces, or are closing shop. While a regional director decision is not a binding decision of the NLRB, the case provides guidance on when the NLRB will dismiss a union petition to be certified as bargaining representative of the employer's employees because an employer's operations are ending imminently, and what evidence an employer must present to have the petition dismissed on such grounds.

Below we provide a breakdown of the decision and the key lessons for employers.

1. Should the NLRB Hold an Election When Work Is Ending?

On December 2, 2025, the union filed a petition to represent the employer's solar installation employees working at a specific solar farm in Puerto Rico. A hearing was held before the RD on December 11, 2025. At the hearing, the employer argued the petition should be dismissed because:

• The project was temporary;
• The company's work was 82% complete as of the hearing; and
• All employees were expected to be laid off in January 2026 when the job ended.

The RD agreed and dismissed the petition, holding that a union election would serve no purpose because the employer's operations at the project were "imminently and definitely" ending.

2. When Is Cessation "Imminent and Definite" According to the NLRB?

The NLRB requires concrete evidence, not mere speculation, that operations will cease soon. In this case, the RD pointed to:

• A written contract showing a fixed project end date.
• Credible testimony that work had been extended only into January 2026.
• No evidence of future work in Puerto Rico.
• Substantial completion of the contract's required work (82%).

The RD found that this combination met the Board's standard that cessation was "imminent and definite."

Employer Takeaway: If your organization is winding down (overall or for a specific project), documenting the timeline and communicating with employees is critical. The Board looks for clear, objective evidence rather than aspirational plans or tentative possibilities.

3. Job Completion Within 3-4 Months Is Enough to Dismiss a Petition

This decision reaffirms longstanding NLRB precedent: If an employer's operations end within approximately 90 days of a representation hearing, the Board is likely to dismiss a petition. The RD cited multiple cases finding that elections serve no purpose when:

• Projects will close within 3-4 months.
• Employees will be laid off at project completion.
• Employer's future operations are uncertain or speculative.

Employer Takeaway: For employers with short-term projects or cyclical work, understanding this timeline is crucial when responding to a representation petition.

4. Temporary Workforces Still Trigger NLRA Obligations

Although SolarMovil's workers were temporary, the employer still had to:

• Participate in a hearing;
• Provide evidence of project timelines; and
• Allow the union to present arguments.

The case wasn't dismissed simply because employees were project-based. It was dismissed because the employer proved the jobs were ending imminently.

Employer Takeaway: Being a temporary or project-based employer does not exempt you from union activity or the NLRA. Well-maintained documentation of project duration can be pivotal.

5. Notice to Employees Matters

The SolarMovil decision highlighted that employees:

• Were told when they were hired that the job was temporary.
• Were informed when the project end date was extended and when the project would end.
• Had not been told the business itself was closing but that didn't matter, because the unit (the workers at that project) would be fully laid off upon completion of the project.

Employer Takeaway: Clear, consistent communication to employees about project timelines strengthens an employer's position in a representation dispute tied to project completion. Complying with the above may also avoid federal WARN Act notice obligations.

6. Documentation is Key to Prevailing

SolarMovil succeeded largely because it had hard evidence, including:

• Contract documents with defined scopes and deadlines;
• Production reports showing near completion; and
• Credible testimony from a supervisor with firsthand knowledge.

Employer Takeaway: To successfully argue project completion, employers should retain:

• Contracts and amendments;
• Deployment schedules;
• Production reports;
• Layoff timelines; and
• Employee communications.

Well-documented operational facts carry significant weight.

Bottom Line for Employers

The SolarMovil decision offers clarity and reassurance for employers with short-term, project-based, construction operations, or are closing shop:

• The NLRB will dismiss a union petition when an employer can prove that operations are ending soon.
• Employers must present documented, objective evidence of project end dates and workforce layoffs.
• Clear communications, accurate data tracking, and consistent documentation play a critical role in resolving representation disputes.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.