Aaron Medical Transportation, Inc.

National Labor Relations Board - Unpublished Board Decisions

Jun 19, 2013

22-RC-070888 (N.L.R.B. Jun. 19, 2013)

NOT INCLUDED PGB
IN BOUND VOLUMES Hasbrouck Heights, NJ
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
AARON MEDICAL TRANSPORTATION, INC.
Employer
and Case 22-RC-070888
HUDSON COUNTY UNION LOCAL 1 AMALGAMATED
Petitioner
DECISION AND ORDER REMANDING
The National Labor Relations Board has considered objections to an election
held March 22, 2013, and the Regional Director’s report recommending disposition of
them. The tally of ballots shows 26 for and 22 against the Petitioner, with 1 challenged
ballot, an insufficient number to affect the results.
The Board has reviewed the record in light of the exceptions1 and has adopted
the Regional Director’s recommendations2 to overrule the Employer’s Objections 2, 3,
and 4 as they do not raise substantial and material factual issues warranting a hearing.3

1 We have treated the Employer’s “Request for Review” as exceptions to the Regional
Director’s Report on Objections.
2 The Regional Director directed a hearing on the Employer’s Objection 1. The hearing
was held on May 15, 2013.
3 Contrary to the Employer’s contention, we find that the mere presence of union agents
in the parking lot and sixth floor of the Employer’s premises, without more, does not
constitute objectionable conduct sufficient to overturn the election. See, e.g., C & G
Heating and Air Conditioning, Inc., 356 NLRB No. 133 (2011). In this regard, the
Employer’s reliance on Nathan Katz Realty, LLC v. NLRB, 251 F.3d 981 (D.C. Cir.
2001), is misplaced. In that case, two union agents, sitting in a car within the area
designated as a no-electioneering zone, motioned, honked, and gestured to employees
arriving at the polling location. Here, there is no contention that any union
representatives were stationed in a no-electioneering zone, made any statements or
ORDER
This proceeding is remanded to the Regional Director for appropriate action
consistent with this Decision and Order.
MARK GASTON PEARCE, CHAIRMAN
RICHARD F. GRIFFIN, JR., MEMBER
SHARON BLOCK, MEMBER
Dated, Washington, D.C., June 19, 2013

threats to voters during the critical period, or violated the orders of any Board agent.
See id.; see also All Seasons Climate Control, Inc. v. NLRB, 236 Fed. Appx. 636 (D.C.
Cir. 2007).