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🗞️ Solar Movil PRC LLC: NLRB Union Petition Dismissed at Puerto Rico Solar Project

NLRB dismisses union election petition at SolarMovil's Guayama solar farm, finding the temporary construction project 82% complete with definite January 2026 termination, making an election serve no useful purpose under the "imminent cessation" doctrine.

onthelaborfront

21 Jan 2026 — 2 min read

On January 21, 2026, National Labor Relations Board (NLRB) Regional Director David Cohen dismissed a representation petition filed by Laborers' International Union of North America (LIUNA) Local 55 seeking to represent 16 solar installation workers at SolarMovil PR LLC's construction site in Guayama, Puerto Rico. The petition, filed December 2, 2025, sought to organize employees working on the Jobos component of Project Marahu, an $861 million federally-financed solar and battery storage project that will ultimately provide 200 MW of solar capacity to Puerto Rico's electrical grid.

Regional Director Cohen applied the "imminent cessation" doctrine, a narrow exception to the NLRB's statutory mandate to hold representation elections. Under this doctrine, established in cases like Retro Environmental, Inc./Green Jobworks, LLC, 364 NLRB 922 (2016), the Board will dismiss an election petition when cessation of the employer's operations is both imminent and definite, making an election serve no useful purpose.

The evidence supporting dismissal included SolarMovil's September 2025 subcontractor agreement with 5B PR, which specified installation of approximately 16,000 Platipus anchors and 2,400 CHS piles with an original November 9, 2025 completion date. Although the contract was extended to January 2026 due to weather delays and equipment issues, field supervisor Yasmin Mohammed testified that 82% of the work was complete as of the December 11, 2025 hearing, with all employees scheduled for termination upon project completion in January 2026. Employees had been informed at hiring that employment was temporary.

The union argued the employer might continue operations in Puerto Rico based on social media posts recruiting workers, but produced no evidence of additional contracted work beyond the Jobos project. The Regional Director found the employer met its burden of proving cessation was imminent and definite, concluding that directing an election would serve no useful purpose given the narrow timeframe before project completion.

This case highlights unique challenges for union organizing in solar construction, where projects are often temporary and geographically dispersed. LIUNA has been actively organizing in the renewable energy sector, including through the National Tri-Trade Solar Agreement with the International Brotherhood of Electrical Workers and Operating Engineers, which establishes jurisdiction for utility-scale solar projects nationwide. The Jobos project is part of efforts to achieve Puerto Rico's goal of 100% renewable energy by 2050 following hurricane damage to the island's electrical infrastructure.

Key Points

Petition Dismissed: NLRB Regional Director dismissed union election petition for 16 solar installation workers at Puerto Rico construction site
Imminent Cessation Doctrine Applied: Decision based on finding that project completion and workforce termination in January 2026 was both imminent and definite
Project 82% Complete: Evidence showed substantial completion of temporary subcontract work installing solar panel anchoring systems
Limited Timeframe: Original November 2025 completion date extended to January 2026 due to weather and equipment delays
No Future Work Established: Union unable to demonstrate employer had secured additional projects in Puerto Rico beyond current contract
Temporary Employment Disclosed: Workers informed at hiring that jobs were temporary for specific project duration
Part of Major Federal Investment: Jobos project is component of $861 million Project Marahu bringing 200 MW solar capacity to Puerto Rico