Cavanaugh Lakeview Farms

National Labor Relations Board - Board Decisions

May 13, 1991

302 N.L.R.B. 921 (N.L.R.B. 1991)

921
302 NLRB No. 156
CAVANAUGH LAKEVIEW FARMS
1 We find no merit in the Petitioner’s argument that the Employer is es-
topped to oppose the challenges by reason of the Employer’s having earlier
excluded the names of the challenged voters from the eligibility list. Norris-
Thermador Corp., 118 NLRB 1341, 1342–1343 (1957). In its Order Denying
the Motion for Reconsideration in Norris-Thermador, 119 NLRB 1301 (1958),
the Board established a policy that ‘‘where the parties enter into a written and
signed agreement which expressly provides that issues of eligibility resolved
therein shall be final and binding upon the parties, the Board will consider
such an agreement, and only such an agreement, a final determination of the
eligibility issues treated therein unless it is, in part or in whole, contrary to
the Act or established Board policy’’ (footnote omitted, emphasis in the origi-
nal). The Board noted that, absent such an agreement, eligibility lists are al-
most uniformly used as guides or tools in elections conducted by the Board
and are not considered final and binding agreements on issues of eligibility.
Cavanaugh Lakeview Farms, Ltd. and Local Union
876, United Food and Commercial Workers
Union, AFL–CIO–CLC, Petitioner. Case 7–RC–
19440
May 13, 1991
DECISION AND DIRECTION
BY CHAIRMAN STEPHENS AND MEMBERS
CRACRAFT AND OVIATT
The National Labor Relations Board, by a three-
member panel, has considered determinative challenges
in an election held December 20, 1990, and the Re-
gional Director’s report recommending disposition of
them. The election was conducted pursuant to a Stipu-
lated Election Agreement. The tally of ballots shows
10 for and 7 against the Petitioner, with 17 challenged
ballots, a sufficient number to affect the results.
The Regional Director has recommended that 16 of
the challenges be overruled. The Board has reviewed
the record in light of the Petitioner’s exception and the
Employer’s response. The Board adopts the Regional
Director’s findings and recommendations, and directs
that the ballots whose challenges have been overruled
be opened and counted, and that the Regional Director
issue a revised tally of ballots and an appropriate cer-
tification.1
DIRECTION
The Regional Director for Region 7 shall, within 14
days from the date of this decision, open and count
those ballots whose challenges have been overruled by
the Board in adopting the recommendation of the Re-
gional Director. The Regional Director shall prepare,
issue, and serve on the parties a revised tally of ballots
and an appropriate certification.