Avid Waste Services

National Labor Relations Board - Unpublished Board Decisions

Jan 27, 2011

02-RC-023526 (N.L.R.B. Jan. 27, 2011)

NOT INCLUDED LPH
IN BOUND VOLUMES Bronx, NY
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
AVID WASTE SERVICES, INC.
Employer
and Case 2-RC-23526
WASTE MATERIAL RECYCLING AND
GENERAL INDUSTRIAL LABORERS’
LOCAL UNION 108, LIUNA
Petitioner
DECISION AND CERTIFICATION OF REPRESENTATIVE
The National Labor Relations Board, by a three-member panel, has
considered an objection to an election held September 10, 2010, and the hearing
officer’s1 report recommending disposition of it.2 The election was conducted
pursuant to a Stipulated Election Agreement. The tally of ballots shows 14 for
and 10 against the Petitioner, with 3 challenged ballots, an insufficient number to
affect the results.
The Board has reviewed the record in light of the exceptions and briefs,
has adopted the hearing officer’s findings and recommendations, and finds that a
certification of representative should be issued.

1 Administrative Law Judge Raymond P. Green sat as a hearing officer in this
representation proceeding.
2 In the absence of exceptions, we adopt pro forma the hearing officer’s
recommendation to overrule Employer Objections 2 – 4.
CERTIFICATION OF REPRESENTATIVE
IT IS CERTIFIED that a majority of the valid ballots have been cast for Waste
Material Recycling and General Industrial Laborers’ Local Union 108, LIUNA, and
that it is the exclusive collective-bargaining representative of the employees in
the following appropriate unit:
Included: All full-time and regular part-time drivers, helpers, mechanics,
welders and painters employed by the Employer at its facility located at
1330 Oak Point Avenue, Bronx, New York.
Excluded: All other employees, including the billing clerk/cash
management and accounts receivable position and professional
employees, guards and supervisors as defined in the Act.
Dated, Washington, D.C., January 27, 2011.
_______________________________
Wilma B. Liebman, Chairman
______________________________
Mark Gaston Pearce, Member
_______________________________
Brian E. Hayes, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD