AllSecurity Services, Inc./Total Armored

National Labor Relations Board - Unpublished Board Decisions

Sep 26, 2012

07-RC-074834 (N.L.R.B. Sep. 26, 2012)

1
NOT TO BE INCLUDED PGB
IN BOUND VOLUMES Detroit, MI
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
ALLSECURITY SERVICES, INC. /
TOTAL ARMORED CAR SERVICE, INC.
Employer
and Case 07-RC-074834
INTERNATIONAL UNION, SECURITY,
POLICE AND FIRE PROFESSIONALS OF AMERICA (SPFPA)
Petitioner
DECISION AND DIRECTION
The National Labor Relations Board, by a three-member panel, has considered objections
and determinative challenges to ballots cast in an election held April 6, 2012 and the hearing
officer’s report recommending disposition of them. The election was conducted pursuant to a
Stipulated Election Agreement. The tally of ballots shows 30 for and 31 against the Petitioner,
with 8 challenged ballots,1 a sufficient number to affect the results.
The Board has reviewed the record in light of the exceptions and brief, has adopted the
hearing officer’s findings2 and recommendations,3 and directs as follows:

1 Prior to the hearing, the parties stipulated that two of the challenged ballots had been cast by
ineligible voters, leaving a total of six challenges at the time of the hearing.
2 The Petitioner has implicitly excepted to some of the hearing officer’s credibility findings. The
Board’s established policy is not to overrule a hearing officer’s credibility resolutions unless the
clear preponderance of all the relevant evidence convinces us that they are incorrect. Stretch-Tex
Co., 118 NLRB 1359, 1361 (1957). We have carefully examined the record and find no basis for
reversing the findings.
3 In the absence of exceptions, we adopt pro forma the hearing officer’s recommendations to
sustain the challenges to the ballots of William Riley, Edward Donaldson, and Salina Gray;
overrule the challenges to the ballots of Ryan McLain and Walter Dudzinski; and overrule
2
IT IS DIRECTED that the Regional Director for Region 7 shall, within 14 days from the
date of this Decision and Direction, open and count the ballots of Ryan McLain, Walter
Dudzinski, and James Sherlock. The Regional Director shall then serve on the parties a revised
tally of ballots and issue the appropriate certification.
Dated, Washington, D.C., September 26, 2012.
______________________________
Mark Gaston Pearce, Chairman
______________________________
Richard F. Griffin, Jr., Member
______________________________
Sharon Block, Member
NATIONAL LABOR RELATIONS BOARD

Petitioner’s Objections 1, 2, 4, and 8. We approve the Petitioner’s withdrawal of its Objections 3
and 5.
In recommending that Petitioner’s Objections 6 and 7 be overruled, the hearing officer
found, inter alia, that the omission of employees Salina Gray, William Riley, and Edward
Donaldson from the Excelsior list did not warrant setting aside the election because they were
not eligible voters. We adopt this finding, and note that the Petitioner does not contend these
employees were eligible to vote in the election. Although the hearing officer did not address the
omission of employee Diablo Davis from the Excelsior list, Davis, like Riley, was employed as a
coin processor, and the Petitioner took the position at the hearing that Davis’s unit status was
identical to Riley’s. Thus, Davis’s omission from the Excelsior list likewise does not require that
the election be set aside. In light of the above, we do not pass on the hearing officer’s discussion
of whether the omission of these names would have been objectionable had they been eligible
voters. We additionally do not rely on any implication in the hearing officer’s report that
Excelsior list inaccuracies that a union fails to report to an employer prior to an election might
not be considered in the determination of whether to set aside the election.