ABLE ROLLING STEEL DOOR INC.

National Labor Relations Board - Unpublished Board Decisions

Apr 15, 2021

22-RC-265289 (N.L.R.B. Apr. 15, 2021)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
ABLE ROLLING STEEL DOOR, INC.
Employer
and Case 22-RC-265289
INTERNATIONAL ASSOCIATION OF BRIDGE,
STRUCTURAL, ORNAMENTAL AND REINFORCING
IRON WORKERS, AFL-CIO
Petitioner
ORDER
The Employer’s Request for Review of the Acting Regional Director’s Decision on
Objections and Certification of Representative is denied as it raises no substantial issues
warranting review.1
MARVIN E. KAPLAN, MEMBER
WILLIAM J. EMANUEL, MEMBER
JOHN F. RING, MEMBER
Dated, Washington, D.C., April 15, 2021.
1 In denying review, we note that the Employer misapplies Milchem, Inc., 170 NLRB 362
(1968), by arguing that Union Delegate Bob Cosgrove’s single conversation with an employee
during the 3-week mail-balloting period per se warranted a second election. The Employer’s
offer of proof alleged that Cosgrove, a stranger to the employee, addressed the employee by
name near the Employer’s parking lot at some point during the 3-week period and asked him
how he would vote in the election. Milchem held that any sustained conversation between a
voter and a representative of a party while the voter is in the polling area waiting to vote
warrants the election being set aside and a second election held. 170 NLRB at 362-363
(emphasis added). Milchem accordingly is inapplicable to Cosgrove’s alleged conduct. For
other types of alleged electioneering, “the Board determines whether the conduct, under the
circumstances, is sufficient to warrant an inference that it interfered with the free choice of the
voters.” Boston Insulated Wire & Cable Co., 259 NLRB 1118, 1118-1119 (1982) (internal
quotation marks omitted), enfd. 703 F.2d 876 (5th Cir. 1983). We agree with the Acting
Regional Director that Cosgrove’s conduct was not objectively coercive and therefore did not
interfere with employee free choice.