Alex Figliolia Water and Sewer LLC

National Labor Relations Board - Unpublished Board Decisions

Feb 10, 2011

29-RC-011935 (N.L.R.B. Feb. 10, 2011)

Brooklyn, NY
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
ALEX FIGLIOLIA WATER AND SEWER, LLC
Employer
and
LOCAL 116, RETAIL WHOLESALE AND
DEPARMENT STORE UNION, UNITED
FOOD AND COMMERCIAL WORKERS
UNION
Petitioner
Case 29-RC-11935
DECISION AND CERTIFICATION OF REPRESENTATIVE
The National Labor Relations Board has considered an objection to an election held
September 3, 2010, and the hearing officer's report recommending disposition of it. The
election was conducted pursuant to a Stipulated Election Agreement. The tally of ballots shows
26 ballots cast for and 12 ballots cast against the Petitioner, with 5 challenged ballots, an
insufficient number to affect the results.
No timely exceptions have been filed to the hearing officer's report within the time
provided.1 Accordingly, the Board adopts the hearing officer's findings and recommendations,
and finds that a certification of representative should be issued.

1 By letter dated December 6, 2010, and received by the Board on December 8, 2010, the
Employer filed exceptions to the hearing officer’s report. Exceptions to the hearing officer’s
report in this case were due to be received by the Board no later than December 2, 2010.
Accordingly, the Employer’s exceptions were rejected as untimely filed and were not forwarded
to the Board for consideration.
2
CERTIFICATION OF REPRESENTATIVE
IT IS CERTIFIED that a majority of the valid ballots have been cast for Local 116, Retail
Wholesale and Department Store Union, United Food and Commercial Workers Union, and that
it is the exclusive collective-bargaining representative of the employees in the following
appropriate unit:
All full-time and regular part-time maintenance employees, drivers, operators,
plumbers, helpers, mechanics, mechanics' helpers, painters, welders and
foremen a/k/a leadmen, employed by the Employer at its facility located at 420
Carroll Street, Brooklyn, NY; excluding all office clerical employees, managers,
guards, and supervisors as defined in Section 2(11) of the Act.
Dated, Washington, D.C., February 10, 2011.
By direction of the Board:
/s/ Henry S. Breiteneicher
______________________________
Associate Executive Secretary