Advantage Veterans Services of Walterboro, LLC

National Labor Relations Board - Unpublished Board Decisions

Dec 13, 2016

10-RC-172178 (N.L.R.B. Dec. 13, 2016)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
ADVANTAGE VETERANS SERVICES
OF WALTERBORO, LLC
Employer
and Case 10–RC–172178
UNITED STEEL, PAPER AND FORESTRY,
RUBBER MANUFACTURING, ENERGY, ALLIED
INDUSTRIAL AND SERVICE WORKERS
INTERNATIONAL UNION, LOCAL 7898
Petitioner
ORDER
The Employer’s Request for Review of the Regional Director’s Decision and
Certification of Representative is denied as it raises no substantial issues warranting
review.1
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
LAUREN McFERRAN, MEMBER
Dated, Washington, D.C., December 13, 2016.

1 The Employer has requested review of the Regional Director's decision to affirm
some of the hearing officer's credibility findings. The Regional Director appropriately
evaluated the Employer's exceptions to the hearing officer's findings under Stretch-Tex
Co., 118 NLRB 1359 (1957). In addition, the Employer alleges that the hearing officer's
credibility findings demonstrate bias and prejudice. On careful examination of the
hearing officer's report and pertinent parts of the record, we are satisfied that the
Employer's contentions are without merit.
Even assuming, arguendo, that Sewell Mfg. Co., 138 NLRB 66 (1962), applies in
this case, the Regional Director correctly found that the Employer failed to establish that
the racially charged rumors were objectionable under either the Sewell standard or the
Board’s standard for third-party conduct.