American Medical Response

National Labor Relations Board - Board Decisions

May 16, 2003

339 N.L.R.B. 23 (N.L.R.B. 2003)

AMERICAN MEDICAL RESPONSE 23
American Medical Response and Service Employees
International Union, Local 1107, Petitioner.
Case 28–RC–6057
May 16, 2003
DECISION AND CERTIFICATION OF
REPRESENTATIVE
BY CHAIRMAN BATTISTA AND MEMBERS SCHAUMBER
AND WALSH
The National Labor Relations Board, by a three-
member panel, has considered objections to an election
held on May 22, 2002, 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 77 votes for and 52 votes
against the Petitioner, with 16 challenged ballots, an in-
sufficient number to affect the outcome of the election.
The Board has reviewed the record in light of the ex-
ceptions and briefs, has adopted the hearing officer’s
findings and recommendations,1 and finds that a certifi-
cation of representative should be issued.

1 Absent exceptions, we adopt pro forma the hearing officer’s rec-
ommendation to overrule Objection 1, objecting to the mailing of a
postcard of support for the Union from the Las Vegas Police Protective
Association to employees at their homes.
We agree with the hearing officer that the affixing of the prounion
poster on election day to a tree on the Employer’s property approxi-
mately 100 feet away from the polling area, not visible from the polling
room, was not improper electioneering under Peerless Plywood Co.,
107 NLRB 427 (1953). We also agree that the election day distribution
CERTIFICATION OF REPRESENTATIVE
IT IS CERTIFIED that a majority of the valid ballots have
been cast for Service Employees International Union,
1107, and that it is the exclusive collective-bargaining
representative of the employees in the following appro-
priate unit:

All full-time and regular part-time (a regular part-time
employee is one who has performed at least 36 hours of
work per month from the period of October 21, 2001,
to April 20, 2002) paramedics, EMT-I’s and EMT’s
employed by the Employer at its Las Vegas, Nevada
facility; excluding all other employees, office clerical
employees, supply employees, dispatchers, special
event employees, transporters, field training officers,
guards and supervisors as defined under the Act.

of prounion flyers to employees 50 to 80 feet from the polling area was
not improper electioneering under the rule of Milchem, Inc., 170 NLRB
362 (1968). We add that neither of these activities constituted improper
electioneering under the test of Boston Insulated Wire & Cable Co.,
259 NLRB 1118, 1119 (1982), enfd. 703 F.2d 876 (5th Cir. 1983) (to
determine impermissible electioneering, Board considers: (1) whether
the conduct occurred within or near the polling place; (2) the nature and
extent of the alleged electioneering; (3) whether it is conducted by a
party to the election or by employees; and (4) whether the electioneer-
ing is conducted within a designated “no electioneering” area or con-
trary to the instructions of the Board agent). Cf. Pearson Education,
Inc., 336 NLRB 979 (2001) (objectionable poster was located within an
area so close to the polls that it was the equivalent of a no-
electioneering area).

339 NLRB No. 1